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Acceptability of-Insurers
<br /> Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br /> A.M. Best's rating of no less than A:VLI, unless otherwise acceptable to the City.
<br /> Verification of Coverage
<br /> Subcontractor shall furnish the City with original certificates and amendatory endorsements (or
<br /> copies of the applicable policy language effecting coverage required by this clause) and a copy of
<br /> the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the
<br /> City before work begins. However, failure to obtain the required documents prior to the work
<br /> beginning shall not waive the Subcontractor's obligation to provide them. The City reserves the
<br /> right to require complete, certified copies of all required insurance policies, including
<br /> endorsements required by these specifications, 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 /> 7. INDEMNIFICATION
<br /> Subcontractor agrees to defend, and shall indemnify and hold harmless the City, its
<br /> officers, agents,employees,contractors, special counsel, and representatives from liability: (1)for
<br /> personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of
<br /> claims for personal injury,including death,and claims for property damage,which may arise from
<br /> the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other
<br /> persons acting on its behalf which relates to the services described in section 1 of this Agreement;
<br /> and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or
<br /> equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br /> indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br /> restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br /> events referred to in this Section or by reason of the terms of, or effects, arising from this
<br /> Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for
<br /> the defense of the City, including fees and costs for special counsel to be selected by the City,
<br /> regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br /> personal injury,damages,just compensation,restitution,judicial or equitable relief due to personal
<br /> or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br /> may make all reasonable decisions with respect to its representation in any legal proceeding.
<br /> Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code
<br /> Section 2782.8,the above indemnity shall be limited,to the extent required by Civil Code Section
<br /> 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
<br /> misconduct of the Subcontractor.
<br /> 8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Subcontractor 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
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