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iii. If coverage is canceled or non-renewed, and not replaced
<br /> with another claims-made policy form with a Retroactive
<br /> Date prior to the contract effective date,the Consultant must
<br /> purchase "extended reporting" coverage for a minimum of
<br /> five (5) years after completion of work.
<br /> 8. Verification of Coverage: Consultant shall furnish the City with
<br /> original Certificates of Insurance including all required amendatory
<br /> endorsements (or copies of the applicable policy language effecting
<br /> coverage requiredby this clause) and a copy of the Declarations and
<br /> Endorsement Page of the CGL policy listing allpolicy endorsements
<br /> to City before work begins. However, failure to obtain the required
<br /> documents prior to the work beginning shall not waive the
<br /> Consultant's obligation to provide them.
<br /> The City reserves the right to require complete, certified copies of all
<br /> required insurance policies, including endorsements required by
<br /> these specifications, at any time.
<br /> 9. Subcontractors: Consultant shall require and verify that all
<br /> subcontractors maintain insurance meeting all the requirements
<br /> stated herein, and Consultant shall ensure that City is an additional
<br /> insured on insurance required from subcontractors.
<br /> 10. Special Risks or Circumstances: City reserves the right to modify
<br /> these requirements, including limits, based on the nature of therisk,
<br /> prior experience, insurer, coverage, or other special circumstances.
<br /> 8. INDEMNIFICATION
<br /> Consultant 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 Consultant, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> 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
<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 Consultant
<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 /> City Council 1 — 7 5/3/2022
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