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J , 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 oj'the contract of wor1c,
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -
<br />made policy form with a Retroactive ,bate 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 oJ'Coverage
<br />Consultant shall furnish the City with original Certificates of Insurance including all
<br />required amendatory endorsements (or copies of the applicable policy language
<br />effecting coverage roquired 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 />work begins, However, failure to obtain the required documents prior to the work.
<br />beginning shall notwaive the Consultant's obligation to provide them.The City reserves
<br />the rightto require complete, certified copies of all required insurancepolicies,including
<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 />b. 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 I 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 thisyAgreemeat. 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
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