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If coverage is canceled or non -renewed, and not replaced with
<br />another claims -made policy form with a Retroactive Date prior to
<br />the contract effective date, the Consultant must purchase "extended
<br />reporting" coverage for a minimum of five (5) years after
<br />completion of contract work.
<br />(viii) Verification of Coverage. Consultant shall furnish the Entity with
<br />original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting
<br />coverage required by this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGL policy listing all policy endorsements
<br />to Entity before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the
<br />Consultant's obligation to provide them. The Entity reserves the right
<br />to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />(ix)Subcontractors. Consultant shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements stated
<br />herein, and Consultant shall ensure that Entity is an additional insured
<br />on insurance required from subcontractors.
<br />(x) Special Risks or Circumstances. Entity reserves the right to modify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, 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
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may arise
<br />from the negligent operations of the Consultant or its subconsultants, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
<br />costs for the defense of the City, including fees and costs for special counsel to be selected by the
<br />City, regarding any action by a third party challenging the validity of this Agreement, or asserting
<br />that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
<br />personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
<br />City may 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
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