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7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of <br />this Agreement for delays in performance caused by circumstances beyond the reasonable <br />control of the nonperforming party. For purposes of this Agreement, such circumstances <br />include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; <br />epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and <br />other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses <br />or authorizations from any local, state, or federal agency for any of the supplies, materials, <br />accesses, or services required to be provided by either City or Consultant under this <br />Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable <br />time of being prevented from performing, give written notice to the other party describing the <br />circumstances preventing continued performance and the efforts being made to resume <br />performance of this Agreement. Consultant will be entitled to payment for its reasonable <br />additional charges, if any, due to the delay. <br />8. INDEMNIFICATION. <br />a. Consultant and City each agree to indemnify, and hold harmless each other, its agents <br />and employees, from and against legal liability for all claims, losses, damages, and <br />expenses to the extent such claims, losses, damages, or expenses are caused by its <br />negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses <br />are caused by the joint or concurrent negligence of Consultant and City, they shall be <br />borne by each party in proportion to its own negligence. <br />b. Consultant shall indemnify City against legal liability for damages arising out of <br />claims by Consultant's employees. City shall indemnify Consultant against legal <br />liability for damages arising out of claims by City's employees. <br />9. INSURANCE. During the performance of the Services under this Agreement, Consultant <br />shall maintain the following insurance: <br />a. General Liability Insurance, with a limit of $2,000,000 for any number of claims <br />arising out of a single occurrence. <br />b. Professional Liability Insurance, with a limit of $2,000,000 for any number of <br />claims arising out of a single occurrence. <br />c. Workers' Compensation Insurance in accordance with statutory requirements. <br />d. Automobile Liability Insurance, with a combined single limit of $2,000,000. <br />3 <br />