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d. All policies, except the Professional Liability Insurance and Worker’s 276 <br />Compensation Policies, shall insure the defense and indemnify obligations 277 <br />assumed by Consultant und er this Agreement; and 278 <br /> 279 <br />e. All policies shall contain a provision that coverages afforded thereunder shall not 280 <br />be canceled or non -renewed or restrictive modifications added, without thirty (30) 281 <br />days prior written notice to the City. 282 <br /> 283 <br />A copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as 284 <br />applicable, which evidences the compliance with this Paragraph 18 , must be filed 285 <br />with City prior to the start of Consultant’s Work. Such documents evidencing 286 <br />insurance shall be in a form acceptabl e to City and shall provide satisfactory evidence 287 <br />that Consultant has complied with all insurance requirements. Renewal certificates 288 <br />shall be provided to City prior to the expiration date of any of the required policies. 289 <br />City will not be obligated, howev er, to review such declaration page, Rider, 290 <br />Endorsement or certificates or other evidence of insurance, or to advise Consultant of 291 <br />any deficiencies in such documents and receipt thereof shall not relieve Consultant 292 <br />from, nor be deemed a waiver of, City’s r ight to enforce the terms of Consultant’s 293 <br />obligations hereunder. City reserves the right to examine any policy provided for 294 <br />under this Provision 18. 295 <br /> 296 <br />F. If Consultant fails to provide the insurance coverage specified herein, the Consultant 297 <br />will defend, indemnify and hold harmless the City, the City’s officials, agents and 298 <br />employees from any loss, claim, liability and expense (including reasonable 299 <br />attorney’s fees and expenses of litigation) to the extent necessary to afford the same 300 <br />protection as would have been provided by the specified insurance. Except to the 301 <br />extent prohibited by law, this indemnity applies regardless of any strict liability or 302 <br />negligence attributable to the Cit y (including sole negligence) and regardless of the 303 <br />extent to which the underlyi ng occurrence (i.e., the event giving rise to a claim which 304 <br />would have been covered by the specified insurance) is attributable to the negligent or 305 <br />otherwise wrongful act or omission (including breach of contract) of Consultant, its 306 <br />contractors, subcontrac tors , agents, employees or delegates. Consultant agrees that 307 <br />this indemnity shall be construed and applied in favor of indemnification. Consultant 308 <br />also agrees that if applicable law limits or precludes any aspect of this indemnity, 309 <br />then the indemnity wil l be considered limited only to the extent necessary to comply 310 <br />with that applicable law. The stated indemnity continues until all applicable statutes 311 <br />of limitation have run. 312 <br /> 313 <br />If a claim arises within the scope of the stated indemnity, the City may require 314 <br />Consultant to: 315 <br /> 316 <br />a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing 317 <br />performance of the indemnity obligation; or 318 <br /> 319 <br />b. Furnish a written acceptance of tender of defense and indemnity from 320 <br />Consultant’s insurance company. 321 <br />ATTACHMENT A