|
(iii) Certificates and policies shall state that the policies shall not be cancelled
<br />or reduced in coverage or changed in an_y oilier material aspect_ by
<br />Consultant, without thirty (30) days prior written notice to the City.
<br />(iv) Consultant shall supply City with a fully executed additional insured
<br />endorsement.
<br />f- if Consultant fails or rctitscs to produce or maintain the instuancc required by this
<br />section or fails or refuses to furnish the City with required proof that insuranec 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 Agreement- Such termination shall not affect
<br />Consultant's light to be paid for i u time and materials cxpatdal prior to notification
<br />of termination. Consultant waives the right to receive compensation and agrees to
<br />indemnity the City for any work pertormed prior to approval of insurance by the
<br />City.
<br />8. 1NI)EMNIFICATI0N
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers.
<br />agents, employees, Consultants, special counsel, rind representatives from liability: (1 ) fnrpersonal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injUu_y, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultant or its subconsultants, agents, employees, or other persons
<br />acting on their bchalfwhich relates to the services described in section I of this Agrccmcnt; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief' is Lire by reason of' the teens of or effects arising from this Agreement. This
<br />ndctnni[y and hold harmless agreement applies to all claims for damages, just compensation,
<br />restittuion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement- The Consultant further agrees to indemnify, hold harnrless, and pay all costs for the
<br />Licfcnse o1 the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agrecnicm, or asserting that
<br />personal injury, damages. just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights alises by reason of the terns of. or effects arising ti-om this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding, the foregoing, Ict the extent CUrlsttltant's services arc subject to Civil Code
<br />Scetiort 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfid
<br />misconduct of tile Consultant-
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend, indcnurify and hold harmless the City, its officers, agents,
<br />representatives, and employees against any and all liability. including costs, and auomey's lee<,
<br />for infringement of any United States' letters patent, trademark, or copyright conUained in the work
<br />product of documents provided by Consultant to the City pursuant to this Agrccmcnt-
<br />City Council 21 — SO 7/6/2021
<br />Page 4 o f 8
<br />
|