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<br />f. Claims made policies-
<br />I. The restorative date must be shown, and must be before the date of the
<br />Agreement or the beginning of work pursuant to this Agreement.
<br />II. Insurance must be maintained and evidence of insurance provided for at
<br />least five (5) years after completion of work specified in this Agreement.
<br />III. If coverage is cancelled 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 Consultant must purchase “extended reporting”
<br />coverage for a minimum of five (5) years after completion of work.
<br />g. Verification of Coverage- Consultant shall furnish to the City original certificates
<br />for insurance including all required amendatory endorsements (or copies of the
<br />applicable policy language effecting coverage required by this clause. However,
<br />failure to obtain the required documents prior to the work beginning shall not
<br />waive the Consultant’s obligation to provide them. The City reserves the right to
<br />require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />h. 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.
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<br />8. INDEMNIFICATION
<br />
<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 negligent
<br />operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in Section 2 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
<br />harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
<br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
<br />Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further
<br />agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
<br />costs for special counsel to be selected by the City, regarding any action by a third party challenging
<br />the validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
<br />of, or effects arising from this Agreement. City may make all reasonable decisions with respect to
<br />its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s
<br />services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
<br />required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence,
<br />recklessness, or willful misconduct of the Consultant.
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<br />9. NOTICES
<br />Any notices which either party may desire to give to the other party under this Agreement
<br />must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
<br />document delivery service, such as but not limited to, Federal Express, that provides a receipt
<br />showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
<br />prepaid, return receipt requested, addressed to the address of the party as set forth below or at
<br />any other address as that party may later designate by Notice. Notice shall be effective upon
<br />delivery to the addresses specified below or on the third business day following deposit with the
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