6. Acceptability of Insurers: Insurance is to be placed with insurers
<br />authorized to conduct business in the state with a current A.M. Best's
<br />rating of no less than A: VII, unless otherwise acceptable to the City.
<br />7. Verification of Coverage: Provider shall furnish the City with original
<br />Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting
<br />coverage requiredby this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGL policy listing all policy endorsements to
<br />City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Provider's
<br />obligation to provide them.
<br />The City reserves the right to require complete, certified copies of all
<br />required insurance policies, including endorsements required by these
<br />specifications, at any time.
<br />8. Subcontractors: Provider shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements stated
<br />herein, and Provider shall ensure that City is an additional insured on
<br />insurance required from subcontractors.
<br />9. Special Risks or Circumstances: City reserves the right to modify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances.
<br />6. INDEMNIFICATION
<br />Provider agrees to and shall indemnify, defend and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
<br />to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
<br />caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to
<br />all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of
<br />the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding. In no case will Provider be required to
<br />indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial
<br />or equitable relief caused by the negligence of the City.
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