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(1) Consultant shall .nraintaln all insurance required above in full force anti
<br />effect Tor the entire period covered by:.this. Agreement.
<br />(li) Certificates of iarsuranae .shall be funtished to the City upon execution of
<br />this Agreertrerrt.arid shall be approved by (lie City,
<br />(iii) Certificates and policies shall state than the policies shall riot be cancelled
<br />or rAtoed in coverage or changed: in any other material aspect, by
<br />consultant, without thirty (30) days .prior written notice to file City,
<br />(iv) Where the amounts or coverage providecl.by the certificates of insurance
<br />pa'ivllles coverage ga•eater` than tliosa listed b this.Agreeinent; the atitotints
<br />provided by the cer•tiflcutes of insurance shall be incorpol-ated by reference
<br />into the Agreement.
<br />(v) Consaltaalt shall suppiy City with a Rally executed additional insured
<br />endorsement,
<br />f if Consultant fails or rctlases to produce or maintain the insarance required by this
<br />section or foils or:refuscs to furnish the City-%Nitll tequir.ed proof that "insurance has
<br />been piodured urtd rsitr.forpe and pate] ibr; the City sball.have the ril itt;.atthe City's
<br />pleodon, to forthwith terminate this Agreement; Such termination shall not affect
<br />Consultant's. right to be pail] forits time and nlaterials expended prior to notiheation
<br />Of ternituation. Consultant waives the right to receive compensation and agrees to
<br />indemnify the. City for any work performed prior to approval of insurance by the
<br />City.
<br />;.81 INDEMNIFICATION
<br />EM1NIFIC.A TION
<br />Consultant to defend,:and shall indemnify :and hold harmless the City; its officers,
<br />agents, cmployees, curisultarits, special c urisel, and representatives Crom liaibility; (1) tqr personal
<br />injury, datnal es; jtist compensation, restitutioty judicial or euuitablo raliefar €sbYl out of plaints for
<br />peisgnal itajury, including ilalith, and claims for property damage, which may.arise .fiorn the
<br />negligent operations of the Consultant or its Cotistiltants, subcontractors,. alien% eriiployew, er`
<br />falter persons acting: on their behalf which relates to the services deseribed.ln section I of this
<br />Agreement; abet (2) from any claim that porsonal.inju y, damages, just coirrpeo$ation, xestitution,
<br />judicial or equitable relief is due by reason of the terms of orcffects nrisfng front this Agreement.
<br />This iudenrnity and hold -harmless agreement applies to all claims for damages, just compensation,
<br />re titutiott,.jtidlp€al or equitable rollefsttffered, oi• alleged to leave beeat:suffered, by reason of ale
<br />events refbrred to in this Section •or by reason of the telins of; or effects, artisirrg from, this
<br />Agreement. The Consultant frlrtlier agrees to indemnify, hold baranless, and play all costs .for the
<br />defense of the City; includingfoes and costs for specter] aotuisel to be selected by the City,
<br />reprding.atly action by a third party chOlenging, tbe'validity of this Agreement, or assetlirtg that
<br />personal 1pjtuy, damages,,, just compensation, restitution,jiidicial or• equi_tabler lief de to personal
<br />or property tights arises by reason of the:ternts of,:or cff�ets atisirtg.h-om this Agreement. City
<br />may make all reasonable deoisioris with respect to its .represotitgtioit err any legal .ptgcectlittg,
<br />Notwithstanding the feregcirig, to the extent Consultant's sorviees are subject to Civil ;Coda
<br />Sectiotr 2782,8., firo above.irtdeanarity shall be limited, to fho exteiit.rogttlred by Civil %Code Section
<br />#t 206?0 Paso. 5 of 10
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