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1. The Retroactive Date must be shown and must be before the date of the contract or the
<br /> beginning of contract work.
<br /> 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S)
<br /> years after completion of the contract of work.
<br /> 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
<br /> form with a Retroactive Date prior to the contract effective date, the Vendor must purchase
<br /> "extended reporting" coverage for a minimum of five (5) years after completion of contract
<br /> work.
<br /> Verification of Coverage
<br /> Vendor shall furnish the City with original Certificates of Insurance including all required
<br /> amendatory endorsements(or copies of the applicable policy language effecting coverage required
<br /> by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br /> policy endorsements to the City before work begins. However, failure to obtain the required
<br /> documents prior to the work beginning shall not waive the Vendor's obligation to provide them.
<br /> The City reserves the right to require complete, certified copies of all required insurance policies,
<br /> including endorsements required by these specifications, at any time.
<br /> Subcontractors
<br /> Vendor shall require and verify that all subcontractors maintain insurance meeting all the
<br /> requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance
<br /> required from subcontractors.
<br /> Special Risks or Circumstances
<br /> City reserves the right to modify these requirements, including limits, based on the nature of the
<br /> risk, prior experience, insurer, coverage, or other special circumstances.
<br /> 7. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents, employees, contractors, 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 Consultant, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> from any claim that personal injury, damages,just compensation, restitution,judicial or equitable
<br /> relief is due by reason of the terms of or effects arising from this Agreement,but only to the extent
<br /> that any such claim is not caused by the negligent operations of the City. This indemnity and hold
<br /> harmless agreement applies to all claims for damages,just compensation, restitution,judicial or
<br /> equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br /> further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including
<br /> fees 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 Agreement. City may make all reasonable
<br /> 44 -City Council 17 — 7 11 p 10
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