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1. The :Retroactive Date must be shown, and must be before the date of the contract or
<br />the'beginning of contract work.
<br />2. Insurance must be maintained and evidence of insurance must be provided fir at
<br />least five (5) years after completion of the contract of worlr.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims-
<br />rnade policy form with a Retroactive Date prior to the contract effective date, the
<br />Contractormust purchase "extended reporting" coverage for a minimum offive (5)
<br />yews after completion of work.
<br />Verif in
<br />all re u
<br />coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of
<br />the CUi, policy-lis,_ ,_g _ p __ y endorsements to Fntity before work begins. However,
<br />tih _-aI,l ._o, ie
<br />failure to obtain the required documents prior to the work beginning shall not waive the
<br />Contractor's obligation to provide them,
<br />The Entity reserves the right to require complete, certified copies of all required insurance
<br />policies, including endorsements required by these specifications, at any time.
<br />INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
<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 of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section t of this Agreement; and (2)
<br />from any claim that personal injray, 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
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
<br />further 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 party
<br />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
<br />reason of the terms of, or effects arising from this Agreement, City may make all reasonable
<br />decisions with respeetto its representation in any legal proceeding. Notwithstanding theforegoing,
<br />to the extent Contractor's services are subject to Civil. Code Section 2782.8, the above indemnity
<br />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 />8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Page 5 of 10
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