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Attachment A <br />with the City prior to the start of Consultant's Wark. Such documents evidencing <br />insurance shall be in a form acceptable to the City and shall provide satisfactory <br />evidence that the Consultant has complied with all insurance requirements. Renewal <br />certificates shall be provided to the City at least 30 days prior to the expiration date of <br />any of the required policies. The City will not be obligated, however, to review such <br />declaration page, riders, endorsements or certificates or other evidence of insurance, <br />or to advise Consultant of any deficiencies in such documents, and receipt thereof <br />shall not relieve the Consultant from, nor be deemed a waiver of, the City's right to <br />enforce the terms of the Consultant's obligations hereunder. The City reserves the <br />right to examine any policy provided for under this Provision 18. <br />F. To the fullest extent permitted by law, if Consultant fails to provide the insurance <br />coverage specified herein, the Consultant will defend, indemnify and hold harmless <br />the City, the City's ofiicials, agents and employees from any loss, claim, liability and <br />expense (including reasonable attorney's fees and expenses of litigation) to the extent <br />necessary to afford the same protection as would have been provided by the specified <br />insurance. Except to the extent prohibited by law, this indemnity applies regardless <br />of any strict liability or negligence attributable to the City (including sole negligence) <br />and regardless of the eXtent to which the underlying occurrence (i.e., the event giving <br />rise to a claim which would have been covered by the specified insurance) is <br />attributable to the negligent or otherwise wrongful act or omission (including breach <br />of contract) of Consultant, its contractors, subcontractors, agents, employees or <br />delegates. Consultant agrees that this indemnity shall be construed and applied in <br />favor of indemnification. Consultant also agrees that if applicable law limits or <br />precludes any aspect of this indemnity, then the indemnity will be considered limited <br />only to the extent necessary to comply with that applicable law. The stated indemnity <br />continues until all applicable statutes 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 />7 <br />