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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 <br /> Agreement during regular business hours. Consultant shall allow inspection of all work, data, <br /> Page 5of10 <br />