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<br />5
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<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the Entity.
<br />Verification of Coverage
<br />Contractor shall furnish the Entity with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br />policy endorsements to Entity before work begins. The Entity reserves the right to require
<br />complete, certified copies of all required insurance policies, including endorsements affecting the
<br />coverage required by these specifications, at any time.
<br />Special Events Coverage for Instructors
<br />Special events coverage is available for an additional fee to provide the liability insurance required
<br />by this agreement. Contractor can obtain additional information and cost from the Entity.
<br />Special or Low Risk Activities
<br />Entity reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other special circumstances. The Entity reserves the
<br />right to modify or waive insurance requirements for certain low risk recreational activities.
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<br />7. INDEMNIFICATION
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<br />Contractor 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 Contractor, 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 Contractor
<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
<br />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. Notwithstanding the foregoing,
<br />to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity
<br />shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
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<br />8. INTELLECTUAL PROPERTY INDEMNIFICATION
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<br />Contractor shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees against any and all liability, including cost s, for infringement of any United States’
<br />EXHIBIT 1
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