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ability to pay losses and related investigations, claim administration, and defense expenses within the
<br />retention.
<br />Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business
<br />in the State of California with a current A.M. Best rating of no less than A: V H, unless otherwise acceptable
<br />to City.
<br />Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance
<br />including all required amendatory endorsements (or copies of the applicable policy language effecting
<br />coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
<br />listing all policy endorsements before work begins. However, failure to obtain the required documents
<br />prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the
<br />right to require complete, certified copies of all required insurance policies, including endorsements
<br />required by these specifications, at any time.
<br />Special Events Coverage. Special events coverage is available and can be purchased by
<br />Consultant. Use this link to learn more: Ids://2sparta.com/selip application.oho.
<br />Special Risks or Circumstances. City reserves the right to modify these requirements, including
<br />limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
<br />10. 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 Consultant, 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 />11. 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,
<br />trademark, or copyright infringement, including costs, contained in the work product or documents
<br />provided by Consultant to the City pursuant to this Agreement.
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