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d. Self-Insured Retentions. Self-insured retentions must be declared to and approved by
<br /> the City. The City may require the Consultant to purchase coverage with a lower
<br /> retention or provide proof of ability to pay losses and related investigations, claim
<br /> administration, and defense expenses within the retention
<br /> e. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
<br /> conduct business in the State of California with a current A.M. Best rating of no less
<br /> than A:VII, unless otherwise acceptable to City.
<br /> f. Verification of Coverage. Consultant shall furnish 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 /> before work begins. However, failure to obtain the required documents prior to the
<br /> work beginning shall not waive Consultant's obligation to provide them.
<br /> City reserves the right to require complete, certified copies of all required insurance
<br /> policies, including endorsements required by these specifications, at any time.
<br /> g. 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 /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents,employees, contractors, 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, its agents, employees, or other persons acting on its behalf
<br /> which 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, including fees and costs
<br /> for special counsel to be selected by the City, regarding any action by a third party challenging the
<br /> validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br /> restitution, judicial or equitable relief due to personal or property rights arises by reason of the
<br /> terms of, or effects arising from this Agreement. City may make all reasonable decisions with
<br /> respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br /> Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
<br /> limited,to the extent required by Civil Code Section 2782.8,to claims that arise out of, pertain to,
<br /> or relate to the negligence,recklessness, or willful misconduct of the Consultant.
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