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(7) Verification of Coverage: Provider shall furnish the City with original Certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable
<br />policy language effecting coverage required by this clause) and a copy of the
<br />Declarations and Endorsement Page of the CGL policy listing all policy endorsements
<br />to City before work begins. However, failure to obtain the required documents prior to
<br />the work beginning shall not waive the Provider'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 />(8) Subcontractors: Provider shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Provider shall ensure that
<br />City is an additional insured on insurance required from subcontractors.
<br />(9) Special Risks or Circumstances: City reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or
<br />other special circumstances.
<br />7. INDEMNIFICATION
<br />Provider agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, providers, 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 Providers, 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 />This 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 Provider 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 />Notwithstanding the foregoing, to the extent Provider's services are subject to Civil Code Section
<br />2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8,
<br />to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct
<br />of the Provider.
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