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1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and <br />volunteers are to be covered as additional insureds, under Company's CGL, CL, and <br />PL policies, with respect to any liability arising out of work or operations performed <br />by or on behalf of the Consultant. <br />2. Consultant's Insurance companies agree to waive all rights of subrogation against City <br />of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers <br />for losses paid under the terms of the CGL, CL, PL, WC policies which arise from work <br />performed by Consultant under this Agreement. <br />3. For any claims related to this contract, Consultant's insurance coverage shall be <br />primary and any insurance maintained by City of Santa Ana, its City Council, its <br />officers, officials, employees, agents, or volunteers shall not contribute with it. <br />4. A severability of interest provision must apply for all the additional insureds, ensuring <br />that Consultant's insurance shall apply separately to each insured against whom a claim <br />is made or suit is brought, except with respect to the insurer's limits of liability. <br />5. Insurance policies required herein shall provide that coverage shall not be canceled, <br />suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or <br />materially changed except after thirty (30) days prior written notice has been given to <br />City. Ten (10) days prior written notice shall be provided to City for policy cancellation <br />or non -renewal due to non-payment of premium. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa <br />Ana, Attention: Finance and Management Services Agency, Executive Director, 20 <br />Civic Center Plaza M-15, Santa Ana, CA 92701. The name and location of project must <br />be included in the Description of Operations section of each certificate. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by City. City may require Consultant to <br />provide proof of ability to pay losses and related investigations, claim administration, and defense <br />expenses within the retention. <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state of California <br />with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to City. <br />Claims Made Policies <br />If any of the required policies provide coverage on a claims -made basis: <br />1. The retroactive date must be shown and must be before the date of the contract. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least <br />three (3) years after completion of work. <br />Page 4 of 14 <br />#456646v1 <br />