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7.3 Certificates of insurance shall be provided by the Consultant as evidence that
<br />policies providing the required coverages, conditions, and minimum limits are in
<br />full force and effect, and shall be subject to review and approval by the City. No
<br />required coverage shall be cancelled, terminated or materially changed until at
<br />least 30 days' prior written notice has been given to the City. The City reserves
<br />the right to request and receive a certified copy of any policy and any endorsement
<br />thereto.
<br />7.4 Failure on the part of the Consultant to procure or maintain policies providing the
<br />required coverages, conditions, and minimum limits shall constitute a material
<br />breach of contract upon which the City may immediately terminate this Agreement,
<br />or at its discretion may procure or renew any such policy or any extended reporting
<br />period thereto and may pay any and all premiums in connection therewith, and all
<br />monies so paid by the City shall be repaid by Consultant to the City upon demand,
<br />or the City may offset the cost of the premiums against any monies due to
<br />Consultant from the City.
<br />7.5 The parties understand and agree that the City is relying on, and does not waive
<br />or intend to waive by any provision of this Agreement, the monetary limitations or
<br />any other rights, immunities, and protections provided by the Colorado
<br />Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time
<br />amended, or otherwise available to the City, its officers, or its employees.
<br />8.0 INDEMNIFICATION
<br />To the fullest extent permitted by law, the Consultant agrees to indemnify and hold
<br />harmless the City, and its elected and appointed officers and its employees, from and
<br />against all liability, claims, and demands, on account of any injury, loss, or damage, which
<br />arise out of or are connected with the services hereunder, if and to the extent such injury,
<br />loss, or damage is caused by the negligent act, omission, or other fault of the Consultant
<br />or any subcontractor of the Consultant, or any officer, employee, or agent of the
<br />Consultant or any subcontractor, or any other person for whom Consultant is responsible.
<br />The Consultant shall investigate, handle, respond to, and provide defense for and defend
<br />against any such liability, claims, and demands. The Consultant shall further bear all
<br />other costs and expenses incurred by the City or Consultant and related to any such
<br />liability, claims and demands, including but not limited to court costs, expert witness fees
<br />and attorneys' fees if the court determines that these incurred costs and expenses are
<br />related to such negligent acts, errors, and omissions or other fault of the Consultant.
<br />Notwithstanding the foregoing, Consultant's duty to defend, indemnify and hold harmless
<br />the City, and its elected and appointed officials and employees as set forth in this section
<br />shall only arise upon determination, by adjudication, alternative dispute resolution, or
<br />mutual agreement between Consultant and the City, of the Consultant's liability or fault.
<br />The City shall be entitled to its costs and attorneys' fees incurred in any action to enforce
<br />the provisions of this Section 8.0. The Consultant's indemnification obligation shall not be
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