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City's right to enforce the terms of Consultant's obligations hereunder. City <br /> reserves the right to examine any policy provided for under this paragraph. <br /> F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to <br /> provide the specified insurance, then Consultant will defend,indemnify and <br /> hold harmless the City, the City's officials, agents and employees from any <br /> loss, claim, liability and expense (including reasonable attorney's fees and <br /> expenses of litigation) to the extent necessary to afford the same protection <br /> as would have been provided by the specified insurance. Except to the <br /> extent prohibited by law, this indemnity applies regardless of any strict <br /> liability or negligence attributable to the City (including sole negligence) and <br /> regardless of the extent to which the underlying occurrence (i.e., the event <br /> giving rise to a claim which would have been covered by the specified <br /> insurance) is attributable to the negligent or otherwise wrongful act or <br /> omission (including breach of contract) of Consultant,its subcontractors, <br /> agents, employees, or delegates. Consultant agrees that this indemnity shall <br /> be construed and applied in favor of indemnification. Consultant also agrees <br /> that if applicable law limits or precludes any aspect of this indemnity, then <br /> the indemnity will be considered limited only to the extent necessary to <br /> comply with that applicable law. The stated indemnity continues until all <br /> applicable statutes of limitation have run. <br /> If a claim arises within the scope of the stated indemnity, the City may <br /> require Consultant to: <br /> a. Furnish and pay for a surety bond, satisfactory to the City, <br /> guaranteeing performance of the indemnity obligation; or <br /> b. Furnish a written acceptance of tender of defense and indemnity <br /> from 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 /> 21. Records Access. The Consultant shall provide the City access to any books, <br /> documents,papers, and records which are directly pertinent to the specific contract, <br /> for the purpose of making audit, examination, excerpts, and transcriptions, for three <br /> years after final payments and all other pending matters related to this contract are <br /> closed. <br /> 22. Ownership of Documents. All plans, diagrams, analyses, reports and information <br /> generated in connection with the performance of the Agreement ("Information") <br /> shall become the property of the City. The City may use the Information for its <br /> purposes and the Contractor also may use the Information for its purposes. Reuse <br /> of the Information for the purposes of the project contemplated by this Agreement <br /> ("Pro)ect") does not relieve any liability on the part of the Contractor,but any reuse <br /> Page 7 of 9 Standard Agreement For Professional Services <br />