|
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
<br /> with a Retroactive Date prior to the contract effective date, the Contractor must purchase
<br /> "extended reporting" coverage for a minimum of jive (5) years after completion of work.
<br /> Verification of Coverage
<br /> Contractor shall furnish the City with original certificates and amendatory endorsements or copies
<br /> of the applicable policy language effecting coverage required by this clause. All certificates and
<br /> endorsements are to be received and approved by the City before work commences. However,
<br /> failure to obtain the required documents prior to the work beginning shall not waive the
<br /> Contractor's obligation to provide them. The City reserves the right to require complete, certified
<br /> copies of all required insurance policies, including endorsements required by these specifications,
<br /> at any time.
<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 special circumstances.
<br /> 8. INDEMNIFICATION
<br /> Contractor 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 sole
<br /> negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement.
<br /> Contractor shall not indemnify, defend or hold harmless the City from and against any liability,
<br /> cost or expense arising out of the negligence or willful misconduct of the City or the independent
<br /> acts of third parties not affiliated with Contractor,The Contractor further agrees to indemnify,hold
<br /> harmless, and pay all costs for the defense of the City, including reasonable fees regarding any
<br /> action by a third party challenging the validity of this Agreement,or asserting that personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief due to personal or property
<br /> rights arises by reason of the terms of, or effects arising from this Agreement. City may make all
<br /> reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding
<br /> the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the
<br /> above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
<br /> that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
<br /> Contractor.
<br /> 9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Contractor 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 Contractor to the City pursuant to this Agreement.
<br /> Page 5of10
<br />
|