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<br />viii. Verification of Coverage. Consultant shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements (or copies
<br />of the applicable policy language effecting coverage required by this clause) and a
<br />copy of the Declarations and Endorsement Page of the CGL policy listing all policy
<br />endorsements to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Consultant’s obligation to
<br />provide them. 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.
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<br />ix. Subcontractors. Consultant shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Consultant shall ensure
<br />that City is an additional insured on insurance required from subcontractors.
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<br />x. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
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<br />7. INDEMNIFICATION
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<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
<br />including death, and claims for property damage, which may arise from the negligent operations
<br />of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which
<br />relates to the services described in section 1 of this Agreement; and (2) from any claim that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable
<br />relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section
<br />or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees
<br />to indemnify, hold harmless, and pay all costs for the defense of the City regarding any action by
<br />a third party challenging the validity of this Agreement, or asserting that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by 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 Consultant’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 Consultant.
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<br />8. INTELLECTUAL PROPERTY INDEMNIFICATION
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<br />Consultant 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 Consultant to the City pursuant to this Agreement.
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