|
(iii) Certificates and policies shall state that the policies shall not be cancelled
<br />or reduced in coverage or changed in any other material aspect, by
<br />contractor, without thirty (30) days prior written notice to the City,
<br />(iv) Contractor shall supply City with a -fully executed additional insured
<br />endorsement.
<br />f, If Contractor fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has
<br />been procured And is in force and paid for, the City shall have the right, at the City's
<br />election, to forthwith terminate this Agreement. Such termination shall not affect
<br />Contractor's right to be paid for its time and materials expended prior'to notification
<br />of termination. Contractor waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance, by the
<br />City,
<br />8. INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officors,
<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 ofclahns for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Contractor or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2,) 'from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is flue 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 cqt citable 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the
<br />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 season of the terms of, or effects arising from this Agrecmer% City
<br />may snake all reasonable decisions with respect to its representation in ,any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Contractor.
<br />9, INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
<br />representatives, and employees against any and all liability, including costs, and attorney's fees,
<br />for infringement of United States' letter8 patent, trademark, or copyright contained in the work
<br />product or documents provided by Contractor to the City pursuant to this Agreement.
<br />Page 4 of 8
<br />
|