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(1) The retroactive date must be shown and must be before the date of the <br />Agreement or the beginning of work. <br />(2) Insurance must be maintained and evidence of insurance must be provided for <br />at least three (3) years after completion of work. <br />(3) If coverage is cancelled or non -renewed, and not replaced with another claims - <br />made policy form with a retroactive date prior to the contract effective date, <br />Contractor must purchase "extended reporting" coverage for a minimum of <br />three (3) years after completion of work. <br />g. Subcontractors. Contractor shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements statement herein, and Contractor <br />shall ensure that City is an additional insured on insurance required from <br />subcontractors. <br />h. Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of therisk, prior experience, <br />insurer, coverage, or other special circumstances. <br />7. RELEASE <br />Contractor, on behalf of Artists, accepts any City -provided equipment used in connection <br />with the performance in their "as -is" condition, with all faults. Contractor, on behalf of Artists, <br />fully releases, waives and discharges forever any and all claims, demands, rights, and causes of <br />action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, <br />employees, agents and volunteers, and all persons acting on behalf of, by, through or under each <br />of them, under any present or future laws, statutes, or regulations for any claim or event relating <br />to the condition of the City -provided equipment or Artists' use thereof. <br />8. INDEMNIFICATION <br />Contractor 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 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 />Page 5 of 10 <br />