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(viii) Verification of Coverage. Consultant shall furnish the Entity with original
<br />Certificates of Insurance including all required amendatory endorsements (or
<br />copies of the applicable policy language effecting coverage required by this
<br />clause) and a copy of the Declarations and Endorsement Page of the CGL
<br />policy listing all policy endorsements to Entity before work begins.
<br />However, failure to obtain the required documents prior to the work
<br />beginning shall not waive the Consultant's obligation to provide them. The
<br />Entity 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 />(ix) Subcontractors. Consultant shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and Consultant
<br />shall ensure that Entity is an additional insured on insurance required from
<br />subcontractors.
<br />(x) Special Risks or Circumstances. Entity 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 />9. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, 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 or its subconsultants, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant 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, regarding
<br />any action by a third party challenging the validity of this Agreement, or asserting that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
<br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may
<br />make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
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