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EXHIBIT D
<br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
<br />insurance maintained by City, its City Council, its officers, officials, employees, agents, or
<br />volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br />Consultant'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 />S. Insurance policies required herein shall provide that coverage shall not be canceled except after
<br />thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice
<br />shall be provided to City for policy cancellation due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: Keri Buck, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location
<br />of project must be included in the Description of Operations section of each certificate.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the State of California with a
<br />current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Consultant shall furnish City with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause)
<br />before work begins. However, failure to obtain the required documents prior to the work beginning shall
<br />not waive Consultant's obligation to provide them.
<br />City reserves the right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances.
<br />Title Insurance
<br />Notwithstanding anything in this Agreement to the contrary, this Agreement shall not alter, affect,
<br />modify, supplement, increase, or decrease any of the duties, obligations, or liability of Consultant or the
<br />issuer of any underwritten or regulated title insurance policies, title indemnity policies, title insurance
<br />commitments, preliminary title reports, title binders, reinsurance, closing protection letters or similarly
<br />named agreements (or any applicable law, regulation, or statute imposing similar liability), title
<br />certificates, foreclosure reports, trustee sale guarantees, UCC policies, or other title search products
<br />issued in connection with this Agreement (collectively, a 'Title Product').
<br />The duties, obligations, or liability arising pursuant to or covered by any Title Product shall be governed
<br />solely and exclusively by the terms, provisions, conditions, and stipulations of such Title Product, and
<br />any endorsements thereto.
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