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EXHIBIT 2
<br /> 0 CITY OF SANTA ANA
<br /> 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
<br /> reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30)
<br /> days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to
<br /> City for policy cancellation or non-renewal due to non-payment of premium.
<br /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
<br /> (Name of Department Staff Responsible for Agreement), Address of Department Responsible for
<br /> Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the
<br /> Description of Operations section of each certificate.
<br /> Self-Insured Retentions
<br /> Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to
<br /> purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
<br /> administration, and defense expenses within the retention.
<br /> Acceptability of Insurers
<br /> Insurance is to be placed with insurers authorized to conduct business in the State of California with a current
<br /> A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
<br /> Verification of Coverage
<br /> Consultant shall furnish City with original Certificates of Insurance including all required amendatory
<br /> endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy
<br /> of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
<br /> However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's
<br /> obligation to provide them.
<br /> City reserves the 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 risk, prior
<br /> experience, insurer, coverage, or other special circumstances.
<br /> 9. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just
<br /> compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
<br /> claims for property damage, which may arise from the negligent operations of the Consultant, its subconsultants,
<br /> agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
<br /> Agreement;and (2)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 hold harmless
<br /> agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br /> alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
<br /> effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
<br /> for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br /> action by a third party 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 reason of the terms
<br /> of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
<br /> in any legal proceeding. Notwithstanding the foregoing,to the extent Consultant'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 2782.8, to claims
<br /> that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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