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1. The Retroactive Date must be shown and must be before the date of the contract <br />or the beginning of contract work. <br />2. Insurance must be maintained and evidence of insurance must be provided for <br />at least 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 - <br />made policy form with a Retroactive Date prior to the contract effective date, <br />the Consultant must purchase "extended reporting" coverage for a minimum of <br />five (5) years after completion of contract work. <br />Verification of Coverage <br />Consultant shall famish the City with original Certificates of Insurance including all <br />requited amendatory endorsements (or copies of the applicable policy language <br />effecting coverage required by this clause) and a copy of the Declarations and <br />Endorsement Page of the CGL policy listing all policy endorsements to City before <br />wort, begins. However, failure to obtain the required documents prior to the work <br />beginning shall not waive the Consultant's obligation to provide them.The City reserves <br />the right to require complete, certified copies of all required insurancepolicics,includnig <br />endorsements required by these specifications, at any time. <br />Subcontractors <br />Consultant shall require and verify that all subcontractors maintain insurance meeting <br />all the requirements stated herein, and Contractor shall ensure that City is an additional <br />insured on insurance required from subcontractors. <br />Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the <br />nature of therisk, prior experience, insurer, coverage, or other special circumstances. <br />6. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its offrcor:s, <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; slid (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'roason 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 />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, <br />to the extent Consultant's services are subject to Civil Code Section 2782,8, the above indemnity <br />Page 4 of 9 <br />