8. Verification of Coverage: Contractor shall furnish the City with original
<br /> Certificates of Insurance including all required amendatory endorsements
<br /> (or copies of the applicable policy language effecting coverage requiredby
<br /> this clause) and a copy of the Declarations and Endorsement Page of the
<br /> CGL policy listing allpolicy endorsements to City before work begins.
<br /> However, failure to obtain the required documents prior to the work
<br /> beginning shall not waive the Contractor's obligation to provide them.
<br /> The City reserves the right to require complete,certified eopies of all required
<br /> insurance policies,including endorsements required by these specifications,
<br /> at any time.
<br /> 9. Subcontractors: Contractor shall require and verify that all subcontractors
<br /> maintain insurance meeting all the requirements stated herein, and
<br /> Contractor shall ensure that City is an additional insured on insurance
<br /> required from subcontractors.
<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 /> Contractor agrees to defend,and shall indemnify and hold harmless the City, its officers,agents,
<br /> employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br /> injury, including death, and claims for property damage, which may arise from the negligent operations
<br /> of the Contractor,its subcontractors,agents,employees,or other persons acting on its behalf which relates
<br /> to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br /> damages,just compensation, restitution,judicial or equitable relief is due by reason of the tertns of or
<br /> effects arising from this 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 been
<br /> suffered,by reason of the events referred to in this Section or by reason of the terms of,or effects,arising
<br /> from this Agreement. The Contractor further agrees to indemnify,hold har-mtem,and pay all costs for the
<br /> defense of the City,including fees and costs for special counsel to be selected by the City,regarding any
<br /> action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br /> damages,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 Agreement. City may make all reasonable decisions
<br /> with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br /> Contractor's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited,to
<br /> the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
<br /> negligence,recklessness,or willful misconduct of the Contractor,
<br /> 9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Contractor shall defend and indemnify the City,its officers,agents,representatives,and errrployees
<br />
<br /> City Council
<br /> 22– 8
<br /> 5/3/2022
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