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purchase extended reporting period coverage for a minimum of three (3) years after completion of
<br />work.
<br />Sub -Contractors
<br />Consultant shall require and verify that all sub -contractors maintain insurance meeting all
<br />requirements stated herein,
<br />Failure to Maintain Insurance Coverage
<br />If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to
<br />this contract, the same shall be deemed a material breach of contract. City, at its sole option, may
<br />terminate this contract at any time and obtain damages from Consultant resulting from said breach.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other circumstances.
<br />8. INDEMNIFICATION
<br />Consultant agrees indemnify and hold harmless the City, its officers, agents, employees,
<br />contractors, special counsel, and representatives from liability: (1) for personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief to the extent caused by personal injury,
<br />including death, and claims for property damage, which to the extent caused by the negligent
<br />operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its
<br />behalf which relates to the services described in section 1 of this Agreement, and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief tp
<br />the extent caused by the material breach of this Agreement. The Consultant further agrees to
<br />indemnify, hold harmless, regarding any action by a third party challenging the validity of this
<br />Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief due to personal or property rights to the extent caused by the material breach of
<br />this Agreement. Notwithstanding the foregoing, to the extent Consultant's services are subject to
<br />Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
<br />Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,
<br />or willful misconduct of the Consultant.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<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.
<br />10. RECORDS
<br />Consultant shall keep records and invoices in connection with the work to be performed
<br />under this Agreement. Consultant shall maintain complete and accurate records with respect to the
<br />costs incurred under this Agreement and any services, expenditures, and disbursements charged to
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