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f. Claims-Made Policies. If any of the required policies provide coverage on a claims- <br /> made basis: <br /> (1) The retroactive date must be shown and must be before the date of the Agreement <br /> or the beginning of work. <br /> (2) Insurance must be maintained and evidence of insurance must be provided for at <br /> least three(3)years after completion of work. <br /> (3) If coverage is canceled or non-renewed,and not replaced with another claims-made <br /> policy form with a retroactive date prior to the Agreement effective date, <br /> Contractor must purchase "extended reported" coverage for a minimum of three <br /> (3) years after completion of work. <br /> g. Subcontractors. Contractor shall require and verify that all subcontractors maintain <br /> insurance meeting all the require <br /> h. Special Risks or Circumstances. City reserves the right to modify these requirements, <br /> including limits,based on the nature of therisk,prior experience, insurer, coverage, or <br /> other special circumstances. <br /> 7. INDEMNIFICATION <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 negligent <br /> operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their <br /> behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim <br /> that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by <br /> reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless <br /> agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief <br /> suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by <br /> reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to <br /> indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for <br /> special counsel to be selected by the City,regarding any action by a third party challenging the Validity <br /> of this Agreement, or asserting that personal injury, damages,just compensation, restitution,judicial <br /> or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising <br /> from this Agreement, City may make all reasonable decisions with respect to its representation in any <br /> legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to <br /> Civil Code Section 2782.8, the above indemnity shall be limited,to the extent required by Civil Code <br /> Section 2782.8,to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful <br /> misconduct of the Contractor. <br /> 8. INTELLECTUAL PROPERTY INDEMNIFICATION <br /> Contractor represents and warrants that it has obtained the requisite licenses to show the films <br /> contemplated by this Agreement. Contractor further agrees to defend, indemnify and hold harmless <br /> the City, its officers, agents, representatives, and employees against any and all liability, including <br /> i <br /> i <br /> Page 5 of 9 <br /> i <br /> i <br />