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by the City Engineer, Assistant City Engineer, and CONSULTING ENGINEER to <br />provide coverage for any errors, omissions or negligence by City Engineer, <br />Assistant City Engineer, and CONSULTING ENGINEER, and their employees, <br />agents, and representatives. <br />11.2 Certificates showing the City Engineer, Assistant City Engineer and CONSULTING <br />ENGINEER are carrying all of the above described insurances in at least the above specified <br />minimum amounts shall be furnished to the CITY before the CITY is obligated to make any <br />payment to the City Engineer, Assistant City Engineer, and CONSULTING ENGINEER for any <br />services rendered by them under this Agreement. Such certificates for all such required insurances <br />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 />11 <br />