Verification of Coverage. Performer shall furnish the 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) and a copy of the Declarations and
<br /> Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
<br /> The City reserves the right to require complete, certified copies of all required insurance policies,
<br /> including endorsements affecting the coverage required by these specifications, at any time.
<br /> Special Events Coverage for Contractors. Special events coverage is available for an
<br /> additional fee to provide the liability insurance required by this agreement. Performer can obtain
<br /> additional information and cost from the City.
<br /> Subcontractors. Performer shall require and verify that all subcontractors maintain
<br /> insurance meeting all the requirements stated herein, and Performer shall ensure that City is an
<br /> additional insured on insurance required from subcontractors.
<br /> Special or Low Risk Activities. 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. The City reserves the right to modify or waive insurance requirements for certain
<br /> low risk recreational activities.
<br /> 7. INDEMNIFICATION
<br /> Performer 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 Performer, 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 Performer
<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 Performer'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 Performer.
<br /> 8. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Performer shall defend and indemnify the City, its officers, agents, representatives, and
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