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Claims Made Policies
<br /> 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
<br /> beginning of contract work.
<br /> 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3)
<br /> years 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
<br /> with a Retroactive Date prior to the contract effective date, the Subcontractor must purchase
<br /> "extended reporting" coverage for a minimum of three (3) years after completion of work.
<br /> Subcontractors
<br /> Subcontractor shall require and verify that all sub-contractors maintain insurance meeting all the
<br /> requirements stated herein, and Subcontractor shall ensure that the 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 /> Subcontractor agrees to defend, and shall indemnify and hold harmless the City, 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 Subcontractor, its subcontractors, agents, employees, or other
<br /> persons acting on its behalf which relates to the services described in section 1 of this Agreement;
<br /> and (2) from any claim that personal injury, damages, just compensation, restitution,judicial or
<br /> equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br /> 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 Subcontractor further agrees to indemnify, hold harmless, and pay all costs for
<br /> the defense of the City, including fees and costs for special counsel to be selected by the City,
<br /> regarding any action by a third party challenging the validity of 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 of the 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 Subcontractor'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 Subcontractor.
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