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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,
<br /> attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in
<br /> connection therewith and costs of investigation) arising from, or alleged to have arisen from,
<br /> pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or
<br /> willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed
<br /> by them, or anyone that they control (collectively "Liabilities") in the performance of its services
<br /> under this Agreement, regardless of whether the City has reviewed or approved the work or
<br /> services which has given rise to the claim, loss, cost, damage, injury or liability for damages.
<br /> This indemnification shall extend for a reasonable period of time after completion of the project
<br /> as well as during the period of actual performance of services under this Agreement. The City's
<br /> acceptance of the insurance certificates required under this Agreement does not relieve the
<br /> Consultant from its obligation under this paragraph. To the extent that there is an obligation to
<br /> indemnify under this Section 13, Consultant shall be responsible for incidental and consequential
<br /> damages resulting directly or indirectly, in whole or in part, from Consultant's negligence,
<br /> 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 subconsultants, and that no other
<br /> insurance effected by City or other named insured will be called on to cover a loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with
<br /> limits not less than $1,000,000 per person/per occurrence.
<br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for
<br /> all of Consultant's employees, in strict compliance with State laws, including a waiver of
<br /> subrogation and Employer's Liability Insurance with limits of at least $1,000,000.
<br /> d. Professional Liability Insurance. Professional liability insurance in the
<br /> amount of$1,000,000.
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