Item 38 - Agreement with Bean Sprouts at the Santa Ana Zoo

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Page 13 of 19 #19793v7 (3)Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4)Waiver of Subrogation. Bean Sprouts hereby grants to City a waiver of any right to subrogation that any insurer of Bean Sprouts may acquire against the City by virtue of the payment of any loss under such insurance. Bean Sprouts 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 City has received a waiver of subrogation endorsement from the insurer. (5)Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require Bean Sprouts 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 City. (6)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 City. (7)Verification of Coverage. Bean Sprouts shall furnish the City 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 City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Bean Sprouts’ obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (8)Subcontractors. Bean Sprouts shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Bean Sprouts shall ensure that City is an additional insured on insurance required from subcontractors. (9)Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 15.INDEMNIFICATION Bean Sprouts agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for