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purchase extended reporting period coverage for a minimum of three(3) years after completion of
<br /> work.
<br /> Sub-Contractors
<br /> Consultant shall require and verify that all sub-contractors maintain insurance meeting all
<br /> requirements stated herein,
<br /> Failure to Maintain Insurance Coverage
<br /> If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to
<br /> this contract, the same shall be deemed a material breach of contract. City, at its sole option,may
<br /> terminate this contract at any time and obtain damages from Consultant resulting from said breach.
<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 circumstances.
<br /> 8. INDEMNIFICATION
<br /> Consultant agrees indemnify and hold harmless the City, its officers, agents, employees,
<br /> contractors, special counsel, and representatives from liability: (1) for personal injury, damages,
<br /> just compensation,restitution,judicial or equitable relief to the extent caused by personal injury,
<br /> including death, and claims for property damage, which to the extent caused by the negligent
<br /> operations of the Consultant, its subcontractors, agents, employees,or other persons acting on its
<br /> behalf which relates to the services described in section I of This Agreement; and (2) from any
<br /> claim that personal injury, damages,just compensation, restitution,judicial or equitable relief tp
<br /> the extent caused by the material breach of this Agreement. The Consultant further agrees to
<br /> indemnify, hold harmless, regarding any action by a third party challenging the validity of this
<br /> Agreement, or asserting that personal injury, damages,,just compensation, restitution,judicial or
<br /> equitable relief due to personal or property rights to the extent caused by the material breach of
<br /> this Agreement.Notwithstanding the foregoing,to the extent Consultant's services are subject to
<br /> Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
<br /> Code Section 27818,to claims that arise outof,pertain to,or relate to the negligence,recklessness,
<br /> or willful misconduct of the Consultant.
<br /> 9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br /> employees against any and all liability, including costs, for infringement of any United States'
<br /> letters patent,trademark,or copyright infringement,including costs,contained in the work product
<br /> or documents provided by Consultant to the City pursuant to this Agreement.
<br /> 10. RECORDS
<br /> Consultant shall keep records and invoices in connection with the work to be performed
<br /> under this Agreement.Consultant shall maintain complete and accurate records with respect to the
<br /> costs incurred under this Agreement and any services,expenditures,and disbursements charged to
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