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City, and then only upon such terms and conditions as City may set forth in writing. Consultant
<br /> shall be solely responsible for reimbursing subconsultants.
<br /> 13. Indemnity and Hold Harmless. To the fullest extent permitted by law
<br /> (including, without limitation, California Civil Code §§ 2782 and 2782.6), Consultant shall
<br /> defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the
<br /> City and its officers, agents and employees (collectively"Indemnitees") from and against any
<br /> and all claims, loss, cost, damage, injury(including, without limitation, injury to or death of an
<br /> employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and
<br /> description(including, without limitation, incidental and consequential damages, court costs, and
<br /> reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses
<br /> incurred in connection therewith and costs of investigation) arising from, or alleged to have
<br /> arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, but only to the
<br /> extent caused by the negligence, reckless, or willful misconduct of the Consultant, any
<br /> Subconsultant, anyone directly or indirectly employed by them, or anyone that they control
<br /> (collectively"Liabilities") in the performance of its services under this Agreement, regardless of
<br /> whether the City has reviewed or approved the work or services which has given rise to the
<br /> claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a
<br /> reasonable period of time after completion of the project as well as during the period of actual
<br /> performance of services under this Agreement. The City's acceptance of the insurance
<br /> certificates required under this Agreement does not relieve the Consultant from its obligation
<br /> under this paragraph. To the extent that there is an obligation to indemnify under this Section
<br /> 13, Consultant shall be responsible for incidental and consequential damages resulting directly or
<br /> indirectly, in whole or in part, from Consultant's negligence, reckless or willful misconduct.
<br /> Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply
<br /> to the extent such Liabilities are caused by the sole negligence, active negligence or willful
<br /> misconduct of such Indemnitee.
<br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full
<br /> force and effect at its own cost and expense the following insurance coverage with insures with
<br /> an A.M. Best's rating of no less than A:VII:
<br /> a. General Liability and Bodily Injury Insurance. Commercial
<br /> general liability insurance with limits of at least $1,000,000 combined limit for bodily
<br /> injury and property damage that provides that the City, its officers, employees and agents
<br /> are named additional insureds under the policy. The policy shall state in writing either on
<br /> the Certificate of Insurance or attached rider that this insurance will operate as primary
<br /> insurance for work performed by Consultant and its sub-consultants (unless sub-
<br /> consultants are covered by separate insurance policy, see section 14.h. below), and that
<br /> no other insurance effected by City or other named insured will be called on to cover a
<br /> loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with
<br /> limits not less than $1,000,000 per person/per occurrence.
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