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3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form
<br /> with a Retroactive Date prior to the contract effective date, the Consultant must purchase
<br /> "extended reporting" coverage for a minimum of three (3) years after completion of work.
<br /> Verification of Coverage
<br /> Consultant shall furnish the City with original certificates and amendatory endorsements or copies
<br /> of the applicable policy language effecting coverage required by this clause. All certificates and
<br /> endorsements are to be received and approved by the City before work commences. However,
<br /> failure to obtain the required documents prior to the work beginning shall not waive the
<br /> Consultant's obligation to provide them. The City reserves the right to require complete, certified
<br /> copies of all required insurance policies, including endorsements required by these specifications,
<br /> at any time.
<br /> Subcontractors
<br /> Consultant shall require and verify that all sub-contractors maintain insurance meeting all the
<br /> requirements stated herein, and Consultant shall ensure that City is an additional insured on
<br /> insurance required from sub-contractors.
<br /> Special Risks or Circumstances
<br /> City reserves the right to modify these requirements, including limits, based on the nature of the
<br /> risk, prior experience, insurer,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, recldessness, or willful misconduct of the Consultant.
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