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EXHIBIT 1 <br /> 4. A severability of interest provision must apply for all the additional insureds, <br /> ensuring that Consultant's insurance shall apply separately to each insured <br /> against whom a claim is made or suit is brought, except with respect to the <br /> insurer's limits of liability. <br /> 5. Insurance policies required herein shall provide that coverage shall not be <br /> canceled, suspended,voided,reduced in coverage or in limits,non-renewed by <br /> the carrier, or materially changed except after thirty (30) days prior written <br /> notice has been given to City. Ten (10) days prior written notice shall be <br /> provided to City for policy cancellation or non-renewal due to non-payment of <br /> premium. <br /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of <br /> Santa Ma,Attention: Community Development Agency, Executive Director, <br /> 20 Civic Center Plaza M-25, Santa Ma, CA 92701. The name and location of <br /> project must be included in the Description of Operations section of each <br /> certificate. <br /> c. Self-Insured Retentions: Self-insured retentions must be declared to and approved by <br /> the City. The City may require the Consultant to purchase coverage with a lower <br /> retention or provide proof of ability to pay losses and related investigations, claim <br /> administration, and defense expenses within the retention. <br /> d. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct <br /> business in the State of California with a current A.M.Best rating of no less than A:VII, <br /> unless otherwise acceptable to City. <br /> e. VerifcationofCoverage:Consultant shall furnish the City with original Certificates of <br /> Insurance including all required amendatory endorsements(or copies of the applicable <br /> policy language effecting coverage required by this clause) and a copy of the <br /> Declarations and Endorsement Page of the CGL policy listing all policy endorsements <br /> to City before work begins. However,failure to obtain the required documents prior to <br /> the work beginning shall not waive the Consultant's obligation to provide them. City <br /> reserves the right to require complete,certified copies of all required insurance policies, <br /> including endorsements required by these specifications, at any time. <br /> f. Special Risks or Circumstances: City reserves the right to modify these requirements, <br /> including limits,based on the nature of the risk,prior experience, insurer,coverage,or <br /> other special circumstances. <br /> 7. INDEMNIFICATION <br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br /> agents, employees,contractors,special counsel, and representatives from liability: (1)for personal <br /> injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for <br /> personal injury, including death, and claims for property damage, which may arise from the <br /> negligent operations of the Consultant, its subcontractors, agents, employees, or other persons <br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) <br /> from any claim that personal injury, damages,just compensation, restitution,judicial or equitable <br /> relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and <br /> Page 4 of 9 <br /> #426795v1 <br />