|
failure to obtain the required documents prior to the work beginning shall not
<br />waive the Subcontractor's obligation to provide them.
<br />9. City reserves the right to require complete, certified copies of all required
<br />insurance policies, including endorsements required by these specifications, at
<br />any time.
<br />10. Special Risks or Circumstances: City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />8. INDEMNIFICATION
<br />Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its
<br />officers, agents, employees, contractors, special counsel, and representatives from liability: (1)
<br />for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death, and claims for property damage, which may
<br />arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees,
<br />or other persons acting on its behalf which relates to the services described in section 1 of this
<br />HHAP-2 Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />HHAP-2 Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />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
<br />effects, arising from this HHAP-2 Agreement. The Subcontractor further agrees to indemnify,
<br />hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for
<br />special counsel to be selected by the Contractor, regarding any action by a third party
<br />challenging the validity of this HHAP-2 Agreement, or asserting that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of the terms of, or effects arising from this HHAP-2 Agreement. Contractor may make
<br />all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Subcontractor'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, recklessness, or
<br />willful misconduct of the Subcontractor.
<br />0101W6 : 1
<br />Subcontractor shall keep records and invoices in connection with the work to be
<br />performed under this HHAP-2 Agreement. Subcontractor shall maintain complete and accurate
<br />records with respect to the costs incurred under this HHAP-2 Agreement and any services,
<br />expenditures, and disbursements charged to the Contractor for a minimum period of three (3)
<br />years, or for any longer period required by law, from the date of final payment to Subcontractor
<br />under this HHAP-2 Agreement. All such records and invoices shall be clearly identifiable.
<br />Subcontractor shall allow a representative of the Contractor to examine, audit, and make
<br />transcripts or copies of such records and any other documents created pursuant to this HHAP-2
<br />
|