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Benevate Inc. SAAS Subscription 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 01 04 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 /> 13 <br />