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(9) CITY OF SANTA ANA
<br /> 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of
<br /> contract work.
<br /> 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years
<br /> after completion of the contract of work.
<br /> 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 "extended
<br /> reporting" coverage for a minimum of five (5) years after completion of work.
<br /> Verification of Coverage
<br /> Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the
<br /> applicable policy language effecting coverage required by this clause. All certificates and endorsements
<br /> are to be received and approved by the City before work commences. However, failure to obtain the
<br /> required documents prior to the work beginning shall not waive the Contractor's obligation to provide
<br /> them. The City reserves the right to require complete, certified copies of all required insurance policies,
<br /> including 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 risk, prior
<br /> experience, insurer, coverage, or other special circumstances.
<br /> 7. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br /> injury, including death, and claims for property damage, which may arise from the negligent operations
<br /> of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which
<br /> relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
<br /> injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br /> of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
<br /> claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have
<br /> been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br /> arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
<br /> costs for 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 personal
<br /> injury, 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 the
<br /> foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above
<br /> indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br /> pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
<br /> B. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Consultant 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' letters
<br /> patent, trademark, or copyright infringement, including costs, contained in the work product or documents
<br /> provided by Consultant to the City pursuant to this Agreement.
<br /> MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE-RFP#25-058
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