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<br />3 <br />Proprietary and Confidential <br />liability arising out of work or operations performed by or on behalf of the Company including <br />materials, parts, equipment, and personnel furnished in connection with such work or <br />operations. <br />2.Company’s Insurance companies agree to waive all rights of subrogation against City of Santa <br />Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid <br />under the terms of Company’s CGL, AL, CL, E&O, and WC policies which arise from work <br />performed by Company under this Agreement. <br />3.For any claims related to this contract, Company’s insurance coverage shall be primary and any <br />insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, <br />agents, or volunteers shall not contribute with it. <br />4.A severability of interest provision must apply for all the additional insureds, ensuring that <br />Company’s insurance shall apply separately to each insured against whom a claim is made or <br />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, suspended, <br />voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed <br />except after thirty (30) days prior written notice has been given to City. Ten (10) days prior <br />written notice shall be provided to City for policy cancellation or non-renewal due to non- <br />payment of premium. <br />6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, <br />Attention: (Name of Department Staff Responsible for Agreement), Address of Department <br />Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must <br />be included in the Description of Operations section of each certificate. <br />SSelf-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, <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 with <br />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 (3) <br />years after completion of work. <br />3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form <br />with a retroactive date prior to the contract effective date, Company must purchase “extended <br />reporting” coverage for a minimum of three (3) years after completion of work. <br />Verification of Coverage <br />Company 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 waive <br />Company’s obligation to provide them. Customer reserves the right to require complete, certified <br />   <br /><br />   <br />  <br />  <br />City Council 26 – 19 12/2/2025