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Self-Insured Retentions <br /> Self-insured retentions must be declared to and approved by Customer. Customer may require <br /> Consultant to provide proof of ability to pay losses and related investigations,claim administration, <br /> and defense 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 Customer. <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 three <br /> (3) years after completion of work. <br /> 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy <br /> form with a retroactive date prior to the contract effective date, Consultant must purchase <br /> "extended reporting"coverage for a minimum of three (3) years after completion of work. <br /> Verification of Coverage <br /> Consultant shall furnish Customer with original Certificates of Insurance including all required <br /> amendatory endorsements(or copies of the applicable policy language effecting coverage required <br /> by this clause). Failure to obtain the required documents prior to the work beginning shall not <br /> waive Consultant's obligation to provide them. Customer reserves the right to require complete, <br /> certified copies of all required insurance policies, including endorsements required by these <br /> specifications, at any time. <br /> Subcontractors <br /> Consultant shall require and verify that all subcontractors maintain insurance meeting all the <br /> requirements stated herein. <br /> Special Risks or Circumstances <br /> Customer reserves the right to modify these requirements, including limits,based on the nature of <br /> the risk,prior experience, insurer, coverage, or other special circumstances. <br /> Failure to Maintain Insurance Coverage <br /> If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to <br /> this Agreement, for the entire term of this contract, the same shall be deemed a material breach of <br /> Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain <br /> damages from Consultant resulting from said breach. <br /> 7. INDEMNIFICATION <br /> Consultant agrees to indemnify and hold harmless the City, its officers, agents, and <br /> employees (collectively, "City Indemnitees") from and against any third-parry claims for personal <br /> injury (including death) or property damage to the extent such claims arise out of the negligent, <br /> reckless, or willful misconduct of the Consultant, its employees, agents, or subcontractors in the <br /> Page S of 11 <br /> #2072041vl <br />