|
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 copies 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 or its subcontractors, agents, employees, or other persons acting on their behalf which
<br />relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs
<br />for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding
<br />any 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 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, indemnify and hold harmless the City, its officers, agents, representatives,
<br />and employees against any and all liability, including costs, and attorney's fees, for infringement of any
<br />United States' letters patent, trademark, or copyright contained in the work product or documents provided
<br />by Contractor to the City pursuant to this Agreement.
<br />Page 5 of 9
<br />
|