|
or reduced in coverage or changed in any other material aspect, by
<br />Consultant, without thirty (30) days prior- written notice to the City-
<br />(ivColvultant shall supply City with a lirlly executed additional insured
<br />endorsement.
<br />f- TI' Consultant larils 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 Agreement. Such termination shall not affect
<br />Consultant's right to he paid fill- its time and materials expended prior to notification
<br />of temrination- Consultant waives the right to receive compcnsation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance by the
<br />City.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages,jusl- compensation, restitrltioil, judicia I orequitahle relief arising nut ofclainrs for
<br />personal injury, including death, and claims for property damage, which may arise fiom the
<br />negligent operations of 4tc Consultant or its 6nbCOt1]r[hants, agents, employees, or other persons
<br />acting oat their behalf which relates to the services described in ,ection 1 of dais Agrccmcnl; and
<br />(2) from any Claim that personal injury, damages, just compcnsation, restitution, judicial or
<br />equitable relief is due by reason of the semis of or elTects arising liom this Agreement. Phis
<br />indemnity and hold harmless agreement applies to all claims ibr damages, just compensation,
<br />rtstinuion, judicial or equitable relief suttercd, or alleged to have been softened, by reason of the
<br />events referred to in this Section or by reason of the reruns of, or effects, arising front this
<br />Agreement. The Consultant further aexees to indemnify, hold harmless, and pay all costs for the
<br />defense of 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 Agrccmcnl, or asserting that
<br />personal injury, darnages, just compensation, restimoiott, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable deci ions with respect to its representation in any legal proceeding.
<br />Notwithstanding the loregoing, to the extent Consultant's services are subject to Civil Code
<br />SCCtion 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, tit claims that arise of, pertain to, or relate to the negligence, reeklessncss, or willful
<br />misconduct of the Consultant.
<br />9. INTELLECTUAL PROI'F12'I'Y INDEMNIFICATION
<br />Consultant shall defend, indemnify and hold harmless the City, its officers, agents.
<br />representatives, and employees against any and all liability, including costs, and attorncy's fees,
<br />Iorintiingennanl ofan,y United States' letter. patent, trademark, orcopyright Coll tainetf in the work
<br />product or documenk provided by Consultant to the City pursuant to this Agreement -
<br />City Council 21 — 252 7/6/2021
<br />
|