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<br />ATTACHMENT 1 <br /> 277A copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as <br />278applicable, which evidences the compliance with this Paragraph 18, must be filed <br /> 279with City prior to the start of Consultant’s Work. Such documents evidencing <br />280insurance shall be in a form acceptable to City and shall provide satisfactory evidence <br />281that Consultant has complied with all insurance requirements. Renewal certificates <br />282shall be provided to City prior to the expiration date of any of the required policies. <br />283City will not be obligated, however, to review such declaration page, Rider, <br />284Endorsement or certificates or other evidence of insurance, or to advise Consultant of <br />285any deficiencies in such documents and receipt thereof shall not relieve Consultant <br /> 286from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s <br />287obligations hereunder. City reserves the right to examine any policy provided for <br />288under this Provision 18. <br />289 <br />290F.If Consultant fails to provide the insurance coverage specified herein, the Consultant <br />291will defend, indemnify and hold harmless the cities of Roseville, Maplewood, and <br />292Saint Paul, their respective Councils, officers, agents and employees from any loss, <br /> 293claim, liability and expense (including reasonable attorney’s fees and expenses of <br />294litigation) to the extent necessary to afford the same protection as would have been <br />295provided by the specified insurance. Except to the extent prohibited by law, this <br />296indemnity applies regardless of any strict liability or negligence attributable to the <br />297City (including sole negligence) and regardless of the extent to which the underlying <br />298occurrence (i.e., the event giving rise to a claim which would have been covered by <br />299the specified insurance) is attributable to the negligent or otherwise wrongful act or <br />300omission (including breach of contract) of Consultant, its contractors, subcontractors, <br />301agents, employees or delegates. Consultant agrees that this indemnity shall be <br />302construed and applied in favor of indemnification. Consultant also agrees that if <br />303applicable law limits or precludes any aspect of this indemnity, then the indemnity <br />304will be considered limited only to the extent necessary to comply with that applicable <br />305law. The stated indemnity continues until all applicable statutes of limitation have <br />306run. <br />307 <br />308If a claim arises within the scope of the stated indemnity, the City may require <br />309Consultant to: <br />310 <br />311a.Furnish and pay for a surety bond, satisfactory to the City, guaranteeing <br />312performance of the indemnity obligation; or <br />313 <br />314b.Furnish a written acceptance of tender of defense and indemnity from <br /> 315Consultant’s insurance company. <br />316 <br />317Consultant will take the action required by the City within fifteen (15) days of <br />318receiving notice from the City. <br />319 <br />32019.Ownership of Documents. All plans, diagrams, analysis, reports and information <br /> 321generated in connection with the performance of this Agreement (“Information”) shall <br />322become the property of the City, but the Consultant may retain copies of such documents <br />Qbhf!::!pg!264 <br /> <br />