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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />reasonable time. <br />13.3 All self -insured retentions (SIRS) shall be clearly stated on the Certificate of <br />Insurance. Any self -insured retention (SIR) in an amount in excess of fifty thousand dollars <br />($50,000) shall specifically be approved by the COUNTY's Risk Manager, or designee, upon <br />review of CONTRACTOR's current audited financial report. If CONTRACTOR's SIR is <br />approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity <br />provision(s) in the Agreement, agrees to all of the following: <br />13.3.1 In addition to the duty to indemnify and hold COUNTY harmless against <br />any and all liability, claim, demand or suit resulting from CONTRACTOR's, its agent's, <br />employee's or subcontractor's performance of this Agreement, CONTRACTOR shall defend <br />COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against <br />same; and <br />13.3.2 CONTRACTOR's duty to defend, as stated above, shall be absolute and <br />irrespective of any duty to indemnify or hold harmless; and <br />13.3.3 The provisions of California Civil Code Section 2860 shall apply to any <br />and all actions to which the duty to defend stated above applies, and CONTRACTOR's SIR <br />provisions shall be interpreted as though CONTRACTOR was an insurer and COUNTY was the <br />insured. <br />13.4 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full <br />term of this Agreement, COUNTY may terminate this Agreement. <br />13.5 Qualified Insurer <br />13.5.1 The policy or policies of insurance must be issued by an insurer with a <br />minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as <br />determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United <br />States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business <br />in the State of California (California Admitted Carrier). <br />13.6 If the insurance carrier does not have an A.M. Best Rating of A-NIII, the <br />CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of <br />WGM0319 <br />Page 14 of 40 <br />25-16 <br />3-31-2020 <br />