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DocuSign Envelope ID: 885498D2-1CBA-4928-AE9B-EDEEE17D7376 <br />CONTRACTOR. <br />13.2 CONTRACTOR shall ensure that all subcontractors performing work on behalf of <br />CONTRACTOR pursuant to this Agreement shall be covered under <br />CONTRACTOR's insurance as an Additional Insured or maintain insurance <br />subject to the same terms and conditions as set forth herein for CONTRACTOR. <br />CONTRACTOR shall not allow subcontractors to work if subcontractors have less <br />than the level of coverage required by COUNTY from CONTRACTOR under this <br />Agreement. It is the obligation of CONTRACTOR to provide notice of the <br />insurance requirements to every subcontractor and to receive proof of insurance <br />prior to allowing any subcontractor to begin work. Such proof of insurance must <br />be maintained by CONTRACTOR through the entirety of this Agreement for <br />inspection by COUNTY representative(s) at any 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 <br />thousand dollars ($50,000) shall specifically be approved by the COUNTY's Risk <br />Manager, or designee, upon review of CONTRACTOR's current audited financial <br />report. If CONTRACTOR's SIR is approved, CONTRACTOR, in addition to, and <br />without limitation of, any other indemnity provision(s) in the Agreement, agrees to <br />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 <br />CONTRACTOR's, its agent's, employee's or subcontractor's <br />performance of this Agreement, CONTRACTOR shall defend COUNTY <br />at its sole cost and expense with counsel approved by Board of Supervisors <br />against 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 <br />CONTRACTOR's SIR provisions shall be interpreted as though <br />CONTRACTOR was an insurer and COUNTY was the insured. <br />WDM0522 Page 15 of 45 March 1, 2022 <br />