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If any of the required policies provide claims -made coverage:
<br />1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of
<br />contract work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
<br />after completion of the contract of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with
<br />a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting"
<br />coverage for a minimum of five (5) years after completion of work.
<br />Verification of Coverage
<br />Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the
<br />applicable policy language effecting coverage required by this clause. All certificates and endorsements
<br />are to be received and approved by the City before work commences. However, failure to obtain the
<br />required documents prior to the work beginning shall not waive the Contractor's obligation to provide
<br />them. The City reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
<br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action 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 rights arises
<br />by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
<br />with respect to its representation in any legal proceeding.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees
<br />against any and all liability, including costs, for infringement of any United States' letters patent,
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