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after completion of work.
<br /> 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
<br /> prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves
<br /> the 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. Customer reserves the right to modify these
<br /> requirements, including limits,based on the nature of the risk,prior experience,insurer, coverage,
<br /> or other special circumstances,provided that Consultant has the right to terminate this Agreement
<br /> without penalty if such modified requirements are objectionable to Consultant.
<br /> Failure to Maintain Insurance Coverage.If Consultant, for any reason, fails to maintain
<br /> the insurance coverage as required pursuant to this Agreement for the entire term of this
<br /> Agreement,the same shall be deemed a material breach of Agreement. Customer,at its sole option,
<br /> may terminate this Agreement at any time and obtain damages from Consultant resulting from said
<br /> breach.
<br /> 8. INDEMNIFICATION; LIMITATION OF LIABILITY
<br /> a. Consultant 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 /> third-party claims for personal injury,damages,just compensation,restitution,judicial or equitable
<br /> relief arising out of third-party claims for personal injury, including death, and claims for property
<br /> damage, which may arise from the negligent operations of the Consultant or its subcontractors,
<br /> agents, employees, or other persons acting on their behalf which relates to the services described
<br /> in Section I of this Agreement; and (2) from,any third-party claim that personal injury, damages,
<br /> just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects
<br /> arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for
<br /> damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br /> been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
<br /> effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless,
<br /> and pay all costs for the defense of the City, including fees and costs for special counsel to be
<br /> selected by the City, regarding any action by a third party challenging the validity of this
<br /> Agreement, or third party asserting that personal injury, damages,just compensation, restitution,
<br /> judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
<br /> effects arising from this Agreement. City may make all reasonable decisions with respect to its
<br /> representation in any legal proceeding, Notwithstanding the foregoing, to the extent Consultant's
<br /> services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
<br /> extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
<br /> negligence,recklessness, or willful misconduct of the Consultant.
<br /> b. EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF
<br /> CONFIDENTIALITY, AND INDEMNIFICATION OBLIGATIONS (AS PROVIDED FOR IN
<br /> SECTION 8.A.), IN NO EVENT SHALL CONSULTANT'S TOTAL AGGREGATE
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