Laserfiche WebLink
Agreement Statement <br />Please find below a list of exceptions to the Terms and Conditions as submitted by Holland & Knight. <br />Exceptions to Terms and Conditions <br />Exhibit II — Sample Agreement <br />6. Minimum Scope and Limit of Insurance <br />Waiver of Subrogation <br />Contractor hereby grants to Entity a waiver of any right to subrogation which any non-professional liability <br />insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such <br />insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of <br />subrogation, but this provision applies (except as it relates to Contractor's professional liability insurance) <br />regardless of whether or not the Entity has received a waiver of subrogation endorsement from the non- <br />professional liability insurer. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the Entity. The Entity may require the <br />Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and <br />related investigations, claim administration, and defense expenses within the retention. The policy <br />language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by <br />either the named insured or Entity. <br />Notwithstanding the foregoing, if Contractor fails or refuses to obtain such coverage as the Entity <br />requires, the Entity's sole remedy for Contractor's failure or refusal shall be terminate this Agreement <br />with no right to monetary damages, and Entity shall pay Contractor for services performed by it prior to <br />termination. <br />Claims Made Policies (note — should be applicable only to professional liability, see below) <br />If any of the required policies provide claims -made coverage: <br />1. The RetreaGtive Date must be shGWR, and must be before the date of the GeRtraGt er the begiRniRg e <br />GORtra Gt work-. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years <br />after completion of the contract of work. <br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a <br />Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" <br />coverage for a minimum of five (5) years after completion of work. <br />Special Risks or Circumstances <br />Entity 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. The Firm reserves the right to review <br />and approve or reject any modification by the Entity of these requirements as they relate to professional <br />liability insurance coverage. However, the Firm is confident that its current professional liability insurance <br />is sufficient to protect the Entity. <br />Holland & Knight Confidential Presentation for City of Santa Ana 18 <br />