NATIONAL CENTER FOR SAFETY INITIATIVES, LLC

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d. Self-Insured Retentions-Self-insured retentions must be declared to and approved by the City. City may require NCIS to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. e. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII,unless otherwise acceptable to City. f. Verification of Coverage- Permittee shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive NCIS' obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. g. Claims Made Policies - If any of the required policies provide coverage on a claims- made basis: 1) The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2) Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, NCIS must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. h. Subcontractors- NCIS shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and NCIS shall ensure that City is an additional insured on insurance required from sub-contractors. i. Special Risks or Circumstances-City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION & WARRANTIES NCSI agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel, and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of third party claims for personal injury, including death,and claims for property damage, which may arise from the negligent operations of NCSI, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any third party claim that personal injury, damages, just compensation, restitution, judicial or Page 4 of 11 42040577v1