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<br />& 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 CGL 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 of all
<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 herein, and Consultant shall ensure that City is an additional
<br />insured on insurance required, from subcontractors.
<br />10. Speeial,,Risks or Circumstances- City reserves the right to modify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, .coverage, or other special circumstances.
<br />INDEMNIFICATION
<br />Consultant agrees to defend,.and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, special. counsel, and 'representatives from liability: (1).for personal
<br />injury, dathages,, 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 on their behalf which relates to the services described in section 1 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 from 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 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,
<br />regardingany action by a third party challenging the validity o£ 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 ofthe.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 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 />27818, to claims that arise of, pertain to, or relate to the negligence, recklessness,or willful
<br />misconduct of the Consultant:
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