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h. Verification of Coverage: Consultant shall furnish the City with
<br />original Certificates of Insurance including all required amendatory
<br />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 COI.. policy listing all policy endorsements
<br />to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the
<br />Consultant's obligation to provide them.
<br />The City reserves the right to require complete, certified copies ofall
<br />required insurance policies, including endorsements required by
<br />these specifications, at any time.
<br />9. Subcontractors: Consultant shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements
<br />stated heroin, and Consultant sliall ensure that City .is an additional
<br />insured on insurance required from subcontractors.
<br />10. Spccial Risks or Circumstances: City reserves the right to mollify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances,
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless tine City, its officers,
<br />agents, employees, consultants, 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 or its Consultants, subcontractors, agents, employees, or
<br />other persons acting opt their behalf which relates to the services described in section I of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief. is due by reason of the terms of or effects arising froth this Agreement,
<br />This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of; or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold hamidess, and pay all costs for the
<br />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 challenging the validity of this Agreement, or asserting that.
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation. in any legal proceeding.
<br />Notwithstanding the foregoing, to Clio extent Consultant's services are subject to Civil Code
<br />Section2782.8, the above indemnitysltall bethilited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfid
<br />misconduct of tine Consultant.
<br />Page 5 of I I
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