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Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 <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 five (5) <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 <br />form with a Retroactive Date prior to the contract effective date, the Consultant must purchase <br />"extended reporting" coverage for a minimum of five (5) years after completion of contract <br />work. <br />Verification of Coverage <br />Consultant shall furnish City with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage required <br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all <br />policy endorsements before work begins. However, failure to obtain the required documents prior <br />to the work beginning shall not waive Consultant's obligation to provide them. <br />City reserves the right to require complete, certified copies of all required insurance policies, <br />including endorsements required by these specifications, at any time. <br />Subcontractors <br />Consultant shall require and verify that all subcontractors maintain insurance meeting all the <br />requirements stated herein, and Consultant shall ensure that City is an additional insured on <br />insurance required from subcontractors. <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 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 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 />Page 5of18 <br />#2036189v1 <br />