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c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy
<br />ii) files a voluntary petition for reorganization under any bankruptcy law, statute or
<br />regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
<br />iv) makes an assignment for the benefit of creditors or applies for or consents to the
<br />appointment of a receiver or trustee as part of or in conjunction with a “creditor plan”
<br />with respect to any substantial part of its assets, or (v) a receiver or trustee is
<br />appointed, or an attachment or execution levied with respect to any substantial part of
<br />its assets, and said appointment is not vacated, or the attachment or execution not
<br />released, within sixty (60) days, then this Agreement shall, effective as of such date,
<br />without notice or further action by either party, immediately terminate.
<br />d. Consultant may terminate this Agreement upon the breach by City of any of its
<br />material covenants contained herein, where such breach shall have continued for a
<br />period of thirty (30) days following the receipt by City of a written notice from
<br />Consultant, specifying the alleged breach; provided, however, if the nature of a non-
<br />monetary breach is such that City cannot reasonably cure same in the thirty (30) day
<br />period, City shall not be deemed to be in breach if it commences to cure within the
<br />thirty (30) day period, and diligently pursues same to completion within ninety (90)
<br />days following receipt by City of such written notice. In the event of termination by
<br />Consultant hereunder. Consultant shall be entitled to retain the entire fee under this
<br />Agreement.
<br />5. Insurance.
<br />a. During the term of this Agreement, the Consultant shall obtain and maintain workers
<br />compensation, comprehensive general liability, and automobile liability insurance.
<br />Comprehensive general liability insurance shall have an aggregate limit of Two
<br />Million Dollars ($2,000,000.00).
<br />b. Upon request by the City, the Consultant shall provide a certificate or certificates of
<br />insurance relating to the insurance required. Such insurance secured by the
<br />Contractor shall be issued by insurance companies licensed in Minnesota. The
<br />insurance specified may be in a policy or policies of insurance, primary or excess.
<br />c. Such insurance shall be in force on the date of execution of an Agreement and shall
<br />remain continuously in force for the duration of the Agreement.
<br />6. Indemnification.
<br />a. Notwithstanding anything to the contrary in this Agreement, the City, its officers,
<br />agents, and employees shall not be liable or responsible in any manner to the
<br />Consultant, the Consultant’s successors or assigns, the Consultant’s subcontractors, or
<br />to any other person or persons for any third party claim, demand, damage, or cause of
<br />action of any kind, nature, or character, including intentional acts, arising out of or by
<br />reason of the performance of this Agreement by Consultant. The Consultant, and the
<br />Consultant’s successors or assigns, agree to protect, defend and save the City, and its
<br />officers, agents, and employees, harmless from all third party claims, demands,
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