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iii. If coverage is canceled or non-renewed, and not replaced
<br /> with another claims-made policy form with a Retroactive
<br /> Date prior to the contract effective date, the Contractor must
<br /> purchase "extended reporting" coverage for a minimum of
<br /> five (5)years after completion of work.
<br /> 8. Verification of Coverage: Contractor shall furnish the City with
<br /> original 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 allpolicy endorsements
<br /> to City before work begins. However, failure to obtain the required
<br /> documents prior to the work beginning shall not waive the
<br /> Contractor's 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
<br /> these specifications, at any time.
<br /> 9. Subcontractors: Contractor shall require and verify that all
<br /> subcontractors maintain insurance meeting all the requirements
<br /> stated herein, and Contractor shall ensure that City is an additional
<br /> insured on insurance required from subcontractors.
<br /> 10. Special Risks or Circumstances: City reserves the right to modify
<br /> these requirements, including limits, based on the nature of therisk,
<br /> prior experience, insurer, coverage, or other special circumstances.
<br /> 8. INDEMNIFICATION
<br /> Contractor 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 Contractor or its subcontractors, agents, employees, or other persons
<br /> acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br /> (2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br /> equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br /> indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br /> restitution,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 Contractor further agrees 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 Agreement, or asserting that
<br /> personal injury, damages,just compensation,restitution,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 decisions with respect to its representation in any legal proceeding.
<br /> City Council 22 — 8 1/18/2022
<br /> Page 5of10
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