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1. Tlie Retroactive Date i'nust be shown and must be before the date of tlie contract <br />or tlie beginning of contract work. <br />2. Insurance must be maintained and evidence of insurance must be provided for <br />at least five (5) years afler completion of the cotxtract of work. <br />3. If coverage is canceled or non-renewed, and not replaced witli anotlier claims- <br />made policy form with a Retroactive Date prior to the contract effective date, <br />tlie Consultant must purcliase "extended reporting" coverage for a i'nininuun of <br />five (5) years after completion of contract work. <br />Verificatiozx of Coverage <br />Consultant sliall fumish tlie City with original Certificates of Insurance including all <br />required amendatory endorsements (or copies of the applicable policy language <br />effecting coverage required by this clause) and a copy of tlie 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 tlie work <br />begii'ining sliall not waive tlie Consultant's obligation to provide them.Tlie City reserves <br />the riglit to require coi'nplete, certified copies of all required insurance policies,including <br />endorsements required by tliese specifications, at aiy time. <br />Subcontractors <br />Consultant shall require and verify tliat all subcontractors maintain insurance meeting <br />all tlie requirements stated lierein, and Contractor shall ensure tliat City is an additional <br />insured on insurance required from subcontractors. <br />Specicd Risks or Circumstances <br />City reserves tlie right to n'iodify these requirements, including liinits, based on tlie <br />nature of tlierisk, prior experience, insurer, coverage, or other special circumstances. <br />6.INDEMNIFICATION <br />Consultant agrees to defend, and sliall indemnify and liold liarmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (l) for personal <br />injury, damages, just coi'npensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including deatli, and claims for property damage, whicl'i may arise froin tlie <br />negligent operations of tlie Consultai'it, its subcontractors, agents, einployees, or otlier persons <br />acting oi'i its belialf wliicli relates to tlie services described in section l of tliis Agreemei'it; and (2) <br />from any claim t)iat personal injury, dainages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from tliis Agreement. T)iis indemnity and <br />liold liarinless agreement applies to all claims for damages, just compensation, restitutioi'i, judicial <br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in <br />tliis Section or by reason of tlie terms of, or effects, arising from this Agreement. Tlie Consultant <br />fuitlier agrees to indemnify, hold liari'nless, and pay all costs for tlie defense of tlie City, including <br />fees and costs for special corinsel to be selected by the City, regarding any action by a tliird party <br />cliallenging tlie validity of tliis Agreement, or asseiting that personal injury, damages, just <br />coinpensation, restitution, judicial or equitable relief due to personal or propeity rig!its arises by <br />reason of tlie terins of, or effects arising from this Agreement. City i'nay make all reasonable <br />decisions witli respect to its representation in any legal proceeding. Notwithstanding tl'ie foregoing, <br />to tlie extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity <br />Page 4 of 9