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V. Consultant shall supply City with a fully executed additional insured
<br />endorsement.
<br />vi. Certificates of insurance endorsements shall show the City as a certificate
<br />holder as follows:
<br />City of Santa Ana
<br />Risk Management Division, 4`h Floor
<br />20 Civic Center Plaza
<br />Santa Ana, CA 92701
<br />vii. Where the amounts or coverage provided by the certificates of insurance
<br />provides, coverage greater than those listed by this Agreement, the amounts
<br />provided by the certificates of insurance shall be incorporated by reference
<br />into the Agreement.
<br />viii. Consultant shall supply City with a fully executed additional insured
<br />endorsement.
<br />g. If Consultant falls 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 />Consultant's right to be paid for its time and materials expended prior to notification
<br />of termination. Consultant waives the right to receive compensation and agrees to
<br />Indemnify the City for any work performed prior to approval of insurance by the City.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its
<br />officers, agents, employees, contractors, special counsel, and representatives from liability:
<br />(1) for personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />arising out of claims for personal injury, including death, and claims for property damage,
<br />which may arise from the negligent operations of the Contractor, its subcontractors, agents,
<br />employees, or other persons acting on its behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies
<br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered,
<br />or alleged to have been suffered, by reason of the events referred to in this Section or by
<br />reason of the terms of, or effects, arising from this Agreement. The Consultant further
<br />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
<br />party challenging the validity of this Agreement, or asserting that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief due to personal or property rights
<br />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.
<br />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
<br />Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
<br />recklessness, or willful misconduct of the Consultant.
<br />9. INTELLECTUAL PROPERTY INDEMINIFICATION
<br />City of Santa Ana — Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency
<br />Liaison and Implementation Monitoring Services
<br />Request for Proposals No. 20-126 Page 33
<br />October 1, 2020
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