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shall name the CITY as an additional insured party, except for professional liability insurance and <br /> workers' compensation, and shall provide for advance written notice to the CITY of not less than <br /> thirty(30)days prior to the effective date of any modification or cancellation of any such coverage. <br /> SECTION 12. INDEMNIFICATION <br /> 12.1 The CONSULTING ENGINEER hereby agrees to indemnify and hold the CITY <br /> harmless from and against any and all losses, damages, settlements, costs, charges, or other <br /> expenses or liabilities of every kind and character arising out of or relating to any and all claims, <br /> liens,demands, obligations, actions, proceedings, or causes of action of every kind and character <br /> arising out of the acts, omissions and/or negligence of the CONSULTING ENGINEER, City <br /> Engineer, Assistant City Engineer, and all of their respective employees, subcontractors, <br /> materialmen, agents or any others acting in concert with any of them. <br /> SECTION 13. MISCELLANEOUS <br /> 13.1 Nothing contained in this Agreement shall be construed as creating any personal <br /> liability on the part of any employee or official of the CITY. <br /> 13.2 No assignment by a party hereto of any rights, obligations, or interests in this <br /> Agreement shall be permitted without the prior written consent of the other party; and <br /> specifically, but without limitation, moneys that may become due and moneys that are due may <br /> not be assigned without such consent (except to the extent that the effect of this restriction may <br /> be limited by law), and unless specifically stated to the contrary in any written consent to an <br /> assignment, no assignment will release or discharge the assignor from any duty or responsibility <br /> under the Agreement. <br /> 13.3 CITY and CONSULTING ENGINEER each binds itself, its partners, successors, <br /> assigns and legal representatives to all of the covenants, agreements and obligations contained in <br /> the Agreement. <br /> 13.4 If any provision of this Agreement or the application thereof to any person or <br /> circumstance is held invalid, such invalidity shall not affect other provisions or applications of <br /> this Agreement which can be given effect without the invalid provision or application, and to this <br /> end the provisions of this Agreement are severable. In lieu thereof, there shall be added a <br /> provision as similar in terms to such illegal, invalid, and unenforceable provision as may be <br /> 11 <br />