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8.Verification of Coverage: Consultant shall furnish the City with original
<br />Certificates of Insurance including all required arnendatory 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 policy
<br />listing all policy endorsements to City before work begins. However, failure to
<br />obtain the required documents prior to the work beginning shall not waive the
<br />Consultant's obligation to provide them. 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 />9.Subcontractors: Consultant shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and Consultant
<br />shall ensure that the City is an additional insured on insurance required from
<br />subcontractors.
<br />10.Special Risks or Circumstances: City reserves the right to modify these
<br />requirements, in cluding limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />8, 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, a nd c laims for property damage, which may arise from the
<br />negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services describ ed 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 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 tenns 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,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />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
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />9.INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
<br />representatives, and employees against any and all liability, including costs, and attorney's fees,
<br />for infringement of any United States' letters patent, trademark, or copyright contained in the work
<br />Page 5 of 10
<br />EXHIBIT 1
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