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<br />3. 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.
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<br />h. Verification of Coverage
<br />Consultant shall furnish the City with original Certificates of Insurance
<br />including all required amendatory endorsements (or copies of the
<br />applicable policy language effecting coverage required by this clause)
<br />and a copy of the Declarations and Endorsement Page of the CGL policy
<br />listing all policy endorsements to City before work begins. However,
<br />failure to obtain the required documents prior to the work beginning shall
<br />not waive the Consultant’s obligation to provide them. The City reserves
<br />the right to require complete, certified copies of all required insurance
<br />policies, including endorsements required by these specifications, at any
<br />time.
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<br />i. Subcontractors
<br />Consultant shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Contractor
<br />shall ensure that City is an additional insured on insurance required from
<br />subcontractors.
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<br />j. Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits,
<br />based on the nature of the risk, prior experience, insurer, coverage, or
<br />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, contractors, 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
<br />negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section 1 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
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
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