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Verification of Coverage. Permittee shall furnish City with original Certificates of
<br /> Insurance including all required amendatory endorsements (or copies of the applicable policy
<br /> language effecting coverage required by this clause) and a copy of the Declarations and
<br /> Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins,
<br /> However, failure to obtain the required documents prior to the work beginning shall not waive
<br /> Permittee's obligation to provide them.City reserves the right to require complete,certified copies
<br /> of all required insurance policies, including endorsements required by these specifications, at any
<br /> time.
<br /> Sub-contractors. Theater shall require and verify that all sub-contractors maintain
<br /> insurance meeting all the requirements stated herein, and Theater shall ensure that City is an
<br /> additional insured on insurance required from sub-contractors.
<br /> 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 other special
<br /> circumstances.
<br /> 7. INDEMNIFICATION
<br /> Theater 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 Theater, its subcontractors, agents, employees, or other persons acting
<br /> on its behalf which relates to the services described in section 1 of this Agreement; and (2) from
<br /> any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief
<br /> is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
<br /> harmless agreement applies to all claims for damages,just compensation, restitution,judicial or
<br /> equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Theater
<br /> further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City,regarding any action by a third party
<br /> challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br /> compensation, restitution,judicial or equitable relief due to personal or property rights arises by
<br /> reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br /> decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
<br /> to the extent Theater's services are subject to Civil Code Section 2782,8,the above indemnity shall
<br /> be limited, to the extent required by Civil Code Section 2782.8,to claims that arise out of, pertain
<br /> to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
<br /> 8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Theater 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 Theater to the City pursuant to this Agreement.
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