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8. Subcontractors: Provider shall require and verify that all subcontractors maintain <br />insurance meeting all the requirements stated herein, and Contractor shall ensure <br />that City is an additional insured on insurance required from subcontractors. <br />9. Special Risks or Circumstances: City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, <br />insurer, coverage, or other special circumstances. <br />10. Claims Made Policies: If any of the required policies provide coverage on a <br />claims -made basis: <br />i. The Retroactive Date must be shown and must be before the date of the <br />contract or the beginning of contract work. <br />ii. Insurance must be maintained and evidence of insurance must be <br />provided for at least five (5) years after completion of the contract of <br />work. <br />iii. If coverage is canceled or non -renewed, and not replaced with another <br />claims -made policy form with a Retroactive Date prior to the contract <br />effective date, the Provider must purchase "extended reporting" <br />coverage for a minimum of five (5) years after completion of contract <br />work. <br />6. INDEMNIFICATION <br />Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability 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 direct <br />or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the <br />defense of the City, including fees and costs for special counsel to be selected by the City, <br />regarding any action by a third party asserting personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arising by reason of the <br />terms of, or effects arising from this Agreement. City may make all reasonable decisions with <br />respect to its representation in any legal proceeding. This indemnification provision No. 6 shall <br />survive any expiration or termination of this Agreement. <br />7. CONFLICT OF INTEREST <br />Provider covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />Page 4 of 8 <br />