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Revised 8/3/10 <br />insurance shall be in a form acceptable to City and shall provide satisfactory evidence <br />that Consultant has complied with all insurance requirements. Renewal certificates <br />shall be provided �o City prior to the expiration date of any of the required policies. <br />City will not be obligated, however, to review such declaration page, Rider, <br />Endorsement or certificates or other evidence of insurance, or to advise Consultant of <br />any deficiencies in such documents and receipt thereof shall not relieve Consultant <br />from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's <br />obligations hereunder. City reserves the right to examine any policy provided for <br />under this Provision 18. <br />F. If Consultant fails to provide the insurance coverage specified herein, the Consultant <br />will defend, indemniiy and hold harmless the City, the City's officials, agents and <br />employees from any loss, claim, liability and expense (including reasonable <br />attorney's fees and expenses of litigation) to the extent necessary to afford the same <br />protection as would have been provided by the specified insurance. Except to the <br />extent prohibited by law, this indemnity applies regardless of any strict liability or <br />negligence attributable to the City (including sole negligence) and regardless of the <br />extent to which the underlying occurrence (i.e., the event giving rise to a claim which <br />would have been covered by the specified insurance) is attributable to the negligent or <br />otherwise wrongful act or omission (including breach of contract) of Consultant, its <br />contractors, subcontractors, agents, employees or delegates. Consultant agrees that <br />this indemnity shall be construed and applied in favor of indemnification. Consultant <br />also agrees that if applicable law limits or precludes any aspect of tbis indemnity, <br />then the indemnity will be considered limited only to the extent necessary to comply <br />with that applicable law. The stated indemnity continues until all applicable statutes <br />of limitation have run. <br />If a claim arises within the scope of the stated indemnity, the City may require <br />Consultant to: <br />a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing <br />performance of the indemnity obligation; or <br />b. Furnish a written acceptance of tender of defense and indemnity from <br />Consultant's insurance company. <br />Consultant will take the action required by the City within fifteen (15) days of <br />receiving notice from the City. <br />19. Ownership of Documents. All plans, diagrams, analysis, reports and information <br />generated in connection with the performance of this Agreement ("Information") shall <br />become the property of the City, but the Consultant may retain copies of such documents <br />as records of the services provided. The City may use the Information for any reasons it <br />deems appropriate without being liable to the Consultant for such use. The Consultant <br />shall not use or disclose the Information for purposes other than performing the Work <br />contemplated by this Agreement without the prior consent of the City. <br />Right of Way Acquisition <br />Twin Lakes Public Improvements <br />7 <br />