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The City reserves the right to require complete,certified copies of all required insurance
<br /> policies,including endorsements required by these specifications, at any time.
<br /> Certificate Holder must be addressed as follows:
<br /> City of Santa Ana
<br /> Risk Management Division
<br /> 20 Civic Center Plaza
<br /> Santa Ana, CA 92702
<br /> (8) Special Risks or Circumstances: The City reserves the right to modify these
<br /> requirements,including limits,based on the nature of the risk,prior experience,insurer,
<br /> coverage, or other special circumstances.
<br /> 7. 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 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
<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 Consultant'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 Consultant.
<br /> 8. RECORDS
<br /> Consultant shall keep records and invoices in connection with the work to be performed
<br /> under this Agreement. Consultant shall maintain complete and accurate records with respect to the
<br /> costs incurred under this Agreement and any services, expenditures, and disbursements charged to
<br /> the City for a minimum period of three (3) years, or for any longer period required by law, from
<br /> the date of final payment to Consultant under this Agreement. All such records and invoices shall
<br /> be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and
<br /> make transcripts or copies of such records and any other documents created pursuant to this
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