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Benevate Inc. SAAS Subscriprion Agreement <br />Additional Insured Status <br />City of Santa Ana, its City Council, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds on the Commercial General Liability, Automobile Liability and Technology <br />Professional Liability Errors and Omissions policies with respect to liability arising out of work or <br />operations performed by or on behalf of Company including materials, parts, or equipment furnished in <br />connection with such work or operations. Additional Insured status can be provided in the form of an <br />endorsement to Company's insurance (at least as broad as ISO Form CG 2010 1185 or both CG 20 10, <br />CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />Primary Coverage <br />For any claims related to this contract, Company's insurance coverage shall be primary. Coverage for <br />commercial liability shall be at least as broad as ISO CG 20 0104 13 as respects Customer, its City <br />Council, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance <br />maintained by Customer, its City Council, its officers, officials, employees, agents or volunteers shall not <br />contribute with it. <br />Severability of Interests (Cross -Liability) <br />A severability of interest provision must apply for all the additional insureds, ensuring that Company's <br />insurance shall apply separately to each insured against whom a claim is made or suit is brought, except <br />with respect to the insurer's limits of liability. <br />Notice of Cancellation <br />Each insurance policy required above shall state that coverage shall not be canceled, suspended, voided, <br />reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty <br />(30) days prior written notice has been given to Customer. Ten (10) days prior written notice shall apply <br />in the event of cancellation or non -renewal due to non-payment of premium. Prior written notice shall <br />be sent to Customer pursuant to the Notice provision of this Agreement. <br />Waiver of Subrogation <br />Company hereby grants to Customer a waiver of any right to subrogation which any insurer of said <br />Company may acquire against Customer by virtue of the payment of any loss under such insurance. <br />Company agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, <br />but this provision applies regardless of whether or not Customer has received a waiver of subrogation <br />endorsement from the insurer. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by Customer. Customer may require <br />Company to provide proof of ability to pay losses and related investigations, claim administration, and <br />defense expenses within the retention. <br />Certificate Holder <br />Certificate Holder on each insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa <br />Ana, CA 92701. <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. <br />Best's rating of no less than A-:VII, unless otherwise acceptable to Customer. <br />14 <br />