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endorsements (or copies of the applicable policy language effecting
<br />coverage required by this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGL policy listing all policy endorsements to
<br />City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Consultant's
<br />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. Consultant shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements stated
<br />herein, and Consultant shall ensure that City is an additional insured on
<br />insurance required from subcontractors.
<br />(x) Special Risks or Circumstances. City reserves the right to modify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances.
<br />INDEMNIFICATION.
<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 to the negligent operations of the Consultant, its subcontractors, agents, employees,
<br />or other persons acting on its behalf which relates to the services described in section 1 of this
<br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by
<br />reason of the events referred to in this Section or by reason of the terms of, or effects, arising from
<br />this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for
<br />the 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 asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the
<br />terms of, or effects arising from Consultant's performance under this Agreement. City may make
<br />all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding
<br />the foregoing, to the extent Consultant' s services are subject to Civil Code Section 2782. 8, the
<br />above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims
<br />that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
<br />Consultant.
<br />S. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees against any and all liability, including costs, for infringement of any United States'
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