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City at ConsultanYs earliest possible opportunity and in no case later than five (5) days after Consultant is notified of the Change in coverage. f) Additional Remedies. In addition to any other remedies the City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: i) Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements thereof; or ii) Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for ConsultanYs failure to maintain insurance or secure appropriate endorsements. 11) Indemnification - ConsultanYs Responsibilitv. It is understood and agreed that Consultant has the technical skills necessary to perform the work agreed to be performed under this Agreement, and that City relies upon the skills of Consultant to do and perform Consultant's work in a skillful and professional manner; Consultant thus agrees to so perform the work. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner. Consultant shall indemnify, defend, and hold City, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause to the extent arising from negligent or wrongful acts or omissions of Consultant, its employees, subcontractors, or agents, except for any such claim arising out of the negligence, or willful misconduct of the City, its o�cers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ATTY/AGR/2011.075/CDS SERVICES AGREEMENT 08301I 5