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viii. Verification of Coverage <br />Contractor shall furnish the City with original Certificates of Insurance including <br />all required amendatory endorsements (or copies of the applicable policy language <br />effecting coverage requiredby this clause) and a copy of the Declarations and <br />Endorsement Page of the CGL policy listing allpolicy endorsements to City before <br />work begins. However, failure to obtain the required documents prior to the work <br />beginning shall not waive the Contractor's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies,including endorsements required by these specifications, at any <br />time. <br />ix. Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the <br />nature of the risk, prior experience, insurer, coverage, or other special <br />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, 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. This indemnity and <br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial <br />or 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 Contractor <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 />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, <br />to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity <br />shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, <br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Contractor shall defend and indemnify the City, its officers, agents, representatives, and <br />employees against any and all liability, including costs, for infringement of any United States' <br />letters patent, trademark, or copyright infringement, including costs, contained in the work product <br />or documents provided by Contractor to the City pursuant to this Agreement. <br />Page 5 of 10 <br />#257822v1 <br />