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3. 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 Consultant must purchase "extended reporting" <br />coverage for a minimum of five (5) years after completion of contract <br />work. <br />viii. Verification of Coverage <br />Consultant shall furnish the City with original Certificates of Insurance <br />includingall ll required amendatory endorsements (or copies of the applicable <br />policy language effecting coverage required by this clause) and a copy of the <br />Declarations and Endorsement Page of the CGL policy listing all policy <br />endorsements to the City before work begins. However, failure to obtain the <br />required documents prior to the work beginning shall not waive the <br />Consultant's obligation to provide them. The City reserves the right to require <br />complete, certified copies of all required insurance policies, including <br />endorsements required by these specifications, at any time. <br />ix. Subcontractors <br />Consultant shall require and verify that all subcontractors maintain insurance <br />meeting all the requirements stated herein, and Consultant shall ensure that <br />City is an additional insured on insurance required from subcontractors. <br />X. Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based <br />on the nature ofthe risk, prior experience, insurer, coverage, or other special <br />circumstances. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the direct <br />operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons <br />acting on their behalf which relates to the services described in section 1 of this Agreement. The <br />Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, <br />including fees and costs for special counsel to be selected by the City, regarding any action by a <br />third party challenging the validity of this Agreement, or asserting that personal injury, damages, <br />just compensation, restitution, judicial or equitable relief due to personal or property rights arises <br />by reason of the terms of, or effects arising from this Agreement. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. <br />Consultant shall not be liable for indirect, special or inconsequential damages even if Consultant <br />has been advised of the possibility of such potential claim, loss or damage. <br />Consultant shall not be responsible for delays in receipt of client information or processing client <br />information because of causes beyond its reasonable control, including, without limitation, failure <br />or limitations on the availability of third party telecommunications or other transmission facilities <br />and City's failure to properly enter and/or transmit information. <br />Page 8 of 13 <br />