|
provides coven -age greater than those listed by this Agrecnnent, the amounts
<br />provided by the certificate, ol'insurance shall be incorporated by reference
<br />into the Agreement.
<br />V. Consultant shall supply City with a fully executed additional insured
<br />endorsennent.
<br />f if Consultant fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has
<br />been procured and is in force and paid for, the City shall have the right, at the City's
<br />election, to forthwith terminate this Agi-cancnt. Such tcnrrination shall not affccl
<br />Consultant's right to be paid for iu time and materials expended prior to notification
<br />of termination. Consultant waives the right to receive compensation and agrees to
<br />indemnify the City for any work perfornned prior to approval of insurance by the
<br />City.
<br />7. INDEMNIFICATION
<br />C onsullant agrees to defend, and shall indemnify and hold harmless the C:ily, its officers,
<br />agents, employees, contractors, special counsel, andrepresentatives from liability: (1) forlicr-sonal
<br />injury, damages, just compensation, resliunion, judicial (1requitat) lereliel arising out of claims lot -
<br />personal injury, inchding death, and claims for property damage, which may arise from die
<br />negligent operations of the Consulnmt, its subcontnictors, ngents, employees, or other persons
<br />acting on ifs behalf which relates to the services described in section 1 of this , -eennent-, and (2)
<br />lions any claim that personal injury, damages, just compensation, restitution, judicial or ecµlitable
<br />rclicf is dtrc by reason of the tams of or ctfects arising, from this Agicenicia. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restinttion,judicinI
<br />or equitable relief suffered, or alleged to have been SoI Bred, by reason of die events referred w in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br />filrtltcr agrees to indemnify, hold harndcss, and pay all costs for thcc dctensc of the City, including
<br />lees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agi-eenlent- City may make all reasonable
<br />decisions with respect to its rcprescruation in any legal procccding. Notwithstanding the foregoing,
<br />to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br />shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or wilIkil misconduct of the Consuhanl.
<br />R. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees against any and all liability, including costs, for infiingennem of any Ignited States'
<br />letters patent, trademark, or copyright infringement, including costs, contained in the work product
<br />ar doctuncnts provided by Consultant to the City pttsttartt to this Agreement.
<br />City Council 22 — 17 6/1 2 `i"
<br />
|