|
Verification of Coverage
<br />Consultant shall furnish Customer with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause). Failure to obtain the required documents prior to the work beginning shall not
<br />waive Consultant's obligation to provide them. Customer reserves the right to require complete,
<br />certified copies of all required insurance policies, including endorsements required by these
<br />specifications, at any time.
<br />Subcontractors
<br />Consultant shall require and verify that all subcontractors maintain insurance meeting all the
<br />requirements stated herein.
<br />Special Risks or Circumstances
<br />Customer reserves the right to modify these requirements, including limits, based on the nature of
<br />the risk, prior experience, insurer, coverage, or other special circumstances.
<br />Failure to Maintain Insurance Coverage
<br />If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to
<br />this Agreement, for the entire term of this contract, the same shall be deemed a material breach of
<br />Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain
<br />damages from Consultant resulting from said breach.
<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 subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or 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 Consultant
<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 Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br />
|