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DocuSign Envelope ID: C9644C86-249E-4564-9B95-9A39681C2643 TCA Waiver of Subrogation PSI hereby grants to the Test Center a waiver of any right to subrogation which any insurer of PSI may acquire against the Test Center by virtue of the payment of any loss under such insurance. PSI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Test Center has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Test Center. The Test Center may require PSI to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or the Test Center. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the Entity. Verification of Coverage PSI shall furnish the Test Center with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Test Center before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the PSI's obligation to provide them. The Test Center reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances The Test Center reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 17. Governing Law. These terms and conditions shall be governed by the laws of the State of California, without regard to its conflict of laws and principles. The Parties agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the state for the resolution of any disputes arising from these terms and conditions. 18. Injunctive Relief. The Test Center understands and agrees that its breach (or threatened breach) of any of the intellectual property rights of PSI and/or the Test Center's confidentiality obligations under this Agreement would cause irreparable harm to PSI for which monetary damages, even if awarded, would not constitute adequate compensation. Accordingly, the Test Center agrees that, notwithstanding anything to the contrary in this Agreement, PSI and/or its' client, the State, is entitled to equitable relief by way of temporary and permanent injunctions, without bond to the fullest extent allowed by law, and such other and further relief as any court of competent jurisdiction may deem just and proper. H iSET