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Verification of Coverage
<br />Consultant shall furnish the Authority with original certificates and all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this
<br />clause). Failure to obtain the required documents prior to the work beginning shall not waive the
<br />Consultant's obligation to provide them. The Authority reserves the right to require complete,
<br />certified copies of all required insurance policies, including endorsements required by these
<br />specifications, at any time.
<br />Subcontractors
<br />Consultant shall require and verify that all subcontractors maintain insurance meeting all the
<br />requirements stated herein.
<br />Special Risks or Circumstances
<br />Authority reserves the right to modify these requirements, including limits, based on the nature of
<br />the risk, prior experience, insurer, coverage, or other special circumstances.
<br />Failure to Maintain Insurance Coverage
<br />If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this
<br />Agreement, for the entire term of this contract, the same shall be deemed a material breach of
<br />Agreement. The Authority, at its sole option, may terminate this Agreement at any time and obtain
<br />damages from Consultant resulting from said breach.
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the Authority, its
<br />officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may arise from
<br />the 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 Authority,
<br />including fees and costs for special counsel to be selected by the Authority, regarding any action
<br />by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property
<br />rights arises by reason of the terms of, or effects arising from this Agreement. Authority may
<br />make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
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