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the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain <br />any endorsement that may be necessary to affect this waiver of subrogation, but this provision <br />applies (except as it relates to Consultant's professional liability insurance) regardless of whether <br />or not the City has received a waiver of subrogation endorsement from the non-professional <br />liability insurer. <br />Self -Insured Retentions: Self -insured retentions must be declared to and approved by the <br />City. The City may require the Consultant to purchase coverage with a lower retention or provide <br />proof of ability to pay losses and related investigations, claim administration, and defense expenses <br />within the retention. The policy language shall provide, or be endorsed to provide, that the self - <br />insured retention may be satisfied by either the named insured or City. Notwithstanding the <br />foregoing, if Consultant fails or refuses to obtain such coverage as the City requires, the City's <br />sole remedy for Consultant's failure or refusal shall be terminate this Agreement with no right to <br />monetary damages, and City shall pay Consultant for services performed by it prior to termination. <br />Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct <br />business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise <br />acceptable to the City. <br />Claims Made Policies: If any of the required policies provide claims -made coverage: <br />The Retroactive Date must be shown, and must be before the date of the contract or <br />the beginning of contract work. <br />Insurance must be maintained and evidence of insurance must be provided for at least <br />five (5) years after completion of the contract of work. <br />If coverage is canceled or non -renewed, and not replaced with another claims -made <br />policy form with a Retroactive Date prior to the contract effective date, the Consultant <br />must purchase "extended reporting" coverage for a minimum of five (5) years after <br />completion of work. <br />Verification of Coverage: Consultant shall furnish the City with original Certificates of <br />Insurance including all required amendatory endorsements (or copies of the applicable policy <br />language effecting coverage required by this clause) and a copy of the Declarations and <br />Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. <br />However, failure to obtain the required documents prior to the work beginning shall not waive the <br />Consultant's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required insurance <br />policies, including endorsements required by these specifications, at any time. <br />Special Risks or Circumstances: City reserves the right to modify these requirements, <br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special <br />circumstances. The Consultant reserves the right to review and approve or reject any modification <br />by the City of these requirements as they relate to professional liability insurance coverage. <br />However, the Consultant is confident that its current professional liability insurance is sufficient <br />to protect the City. <br />Page 4 of 9 <br />