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8. Verification of Coverage: Consultant 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 required by this clause) and a copy of the Declarations and
<br /> Endorsement Page of the COL policy listing all policy 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 /> Consultant'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: Consultant shall require and verify that all
<br /> subcontractors maintain insurance meeting all the requirements
<br /> stated herein, and Consultant 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 the risk,
<br /> 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, consultants, 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 or its Consultants, subcontractors, agents, employees, or
<br /> other 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 Consultant 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 Consultant's services are subject to Civil Code
<br /> Section 2782.8,the above indemnity shall be limited,to the extent required by Civil Code Section
<br /> 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br /> misconduct of the Consultant.
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