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Verification of Coverage. Consultant shall furnish City with original Certificates of
<br /> Insurance including all required amendatory endorsements (or copies of the applicable policy
<br /> language effecting coverage required by this clause).Failure to obtain the required documents prior
<br /> to the work beginning shall not waive Consultant's obligation to provide them. 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 /> Subcontractors. Consultant shall require and verify that all subcontractors maintain
<br /> insurance meeting all the requirements stated herein.
<br /> Special Risks or Circumstances. City reserves the right to modify these requirements,
<br /> including limits, based on the nature of the risk,prior experience, insurer, coverage,or other special
<br /> circumstances.
<br /> Failure to Maintain Insurance Coverage. If Consultant,for any reason, fails to maintain
<br /> insurance coverage, which is required pursuant to this Agreement, for the entire term of this
<br /> contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may
<br /> terminate this Agreement at any time and obtain damages from Consultant resulting from said
<br /> breach.
<br /> 8. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents,employees, Consultants,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 Consultant or its subcontractors, agents, employees, or other persons
<br /> acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br /> (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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br /> defense of the City,including fees and costs for special counsel to be selected by the City,regarding
<br /> any action by a third party challenging the validity of this Agreement, or asserting that personal
<br /> injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
<br /> property rights arises by reason of the tenns of, or effects arising from this Agreement. City may
<br /> make all reasonable decisions with respect to its representation in any legal proceeding.
<br /> Notwithstanding the foregoing, to the extent Consultant'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 of, pertain to, or relate to the negligence, recklessness, or willful
<br /> misconduct of the Consultant.
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