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Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best's rating of no less than A:VII, unless otherwise acce ptable to the City.
<br />Verification of Coverage
<br />Subcontractor shall furnish the City with original certificates and amendato1y endorsements (or
<br />copies of the applicable policy language effecting coverage required by this clause) and a copy of
<br />the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the
<br />City before work begins. However, failure to obtain the required documents prior to the work
<br />beginning shall not waive the Subcontractor's obligation to provide them. The City reserves the
<br />right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<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 te1ms 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 te1ms of, or effects, arising from this
<br />Agreement. The Subcontractor further agrees to indemnify, hold haimless, 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 prope1ty 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.
<br />8.INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Subcontractor 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
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<br />EXHIBIT 1
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