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DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311FF666641
<br />10.1.6 CLAIMS MADE POLICIES. If any of the required policies provide coverage on a claims -made
<br />basis:
<br />1. The Retroactive Date must be shown and must be before the date of the contract or the
<br />beginning of contract work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least
<br />five(5) years after completion of the contract of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made
<br />policy form with a Retroactive Date prior to the contract effective date, the
<br />Consultant must purchase "extended reporting" coverage for a minimum of five (5)
<br />years after completion of contract work.
<br />10.1.7 VERIFICATION OF COVERAGE. CFMG shall furnish the Entity with original Certificates of
<br />Insurance including all required blanket endorsements (or copies of the applicable policy language
<br />effecting coverage required by this clause) to Entity before work begins. However, failure to obtain the
<br />required documents prior to the work beginning shall not waive the Consultant's obligation to provide
<br />them.
<br />10.1.8 SUBCONTRACTORS. CFMG shall require and verify that all subcontractors maintain insurance
<br />meeting all the requirements stated herein.
<br />10.2 INDEMNIFICATION. CFMG agrees to indemnify and hold harmless the City, its officials, agents,
<br />and employees from and against any and all claims, actions, lawsuits, damages, judgments or
<br />liabilities of any kind whatsoever caused by, based upon or arising out of any act, conduct,
<br />misconduct or omission of CFMG, its agents, employees, or independent contractors in connection
<br />with the performance or non-performance of its duties under this Agreement.
<br />The City agrees to indemnify and hold harmless CFMG, its officials, agents, and employees from
<br />and against any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind
<br />whatsoever caused by, based upon or arising out of any act, conduct, misconduct or omission of
<br />City, its agents, employees, or independent contractors, to the extent allowed by law. The City agrees
<br />to promptly notify CFMG in writing of any incident, claim or lawsuit of which they become aware
<br />and shall fully cooperate in the defense of such claim. The City agrees that CFMG's indemnification
<br />and defense obligations do not apply for any costs or expenses, including attorney's fees or
<br />settlements, incurred or effected prior to written notice to Contractor asset forth above. Upon written
<br />notice of claim, Contractor shall take all steps necessary to promptly defend and protect the City
<br />from an indemnified claim, including retention of defense counsel, and CFMG shall retain sole
<br />control of the defense white the action is pending, to the extent allowed by law.
<br />10.3 HIPAA. CFMG, the City, SAJ, and their employees, agents and subcontractors shall fully comply
<br />with, and shall implement all necessary policies and/or procedures in order to comply with, the
<br />requirements of HIPAA as it applies to the services provided under this Agreement. The City, Jail,
<br />and their employees and agents shall indemnify and hold harmless Contractor from and against any
<br />claims of any kind made as a result of alleged or actual violations of HIPAA by the City and its
<br />employees, agents and subcontractors, unless such claims are proven to be caused by the sole
<br />negligence or willful misconduct of Contractor.
<br />ARTICLE XI
<br />MISCELLANEOUS
<br />11.0 INDEPENDENT CONTRACTOR STATUS. It is mutual ly understood and agreed, and it is the
<br />intent of the Parties -hereto that an independent contractor relationship be and is hereby established
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