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1. The retroactive date must be shown and must be before the date of the contract or the
<br /> beginning of work.
<br /> 2. Insurance must be maintained and evidence of insurance must be provided for at least
<br /> 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 contract effective date, Company must
<br /> purchase "extended reporting" coverage for a minimum of three (3) years after
<br /> completion of work,
<br /> Subcontractors
<br /> Consultant shall require and verify that all sub-contractors maintain insurance meeting
<br /> all the requirements stated herein, and Consultant shall ensure that City is an additional
<br /> insured on insurance required from sub-contractors.
<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 Consultant, 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 /> decisions with respect to its representation in any legal proceeding,Notwithstanding the foregoing,
<br /> to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br /> shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br /> pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant.
<br /> 8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Consultant 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 />
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