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<br />e. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
<br />conduct business in the state with a current A.M. Best’s rating of no less than
<br />A:VII, unless otherwise acceptable to the City.
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<br />f. Verification of Coverage. Contractor shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements (or copies
<br />of the applicable policy language effecting coverage required by this clause) and a
<br />copy of the Declarations and Endorsement Page of the CGL policy listing all policy
<br />endorsements to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Contractor’s obligation to
<br />provide them.
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<br />The City reserves the right to require complete, certified copies of all required
<br />insurance policies, including endorsements required by these specifications, at any
<br />time.
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<br />g. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
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<br />7. INDEMNIFICATION
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<br />Contractor 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 Contractor, 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 Contractor
<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 Contractor’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, recklessness, or willful misconduct of the Contractor.
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<br />8. INTELLECTUAL PROPERTY INDEMNIFICATION
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<br />Contractor shall defend and indemnify the City, its officers, agents, representatives, and
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