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1. Authority, its Members, City Council, its officers, officials, employees, agents, and <br />volunteers are to be covered as additional insureds, under Consultant's CGL, AL, E&O <br />policies, with respect to any liability arising out of work or operations performed by or on <br />behalf of the Instructor including materials, parts, equipment, and personnel furnished in <br />connection with such work or operations. <br />2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against <br />Authority, its Members, City Council, its officers, officials, employees, agents, and <br />volunteers for losses paid under the terms of any policy which arise from work performed <br />by Consultant under this Agreement. <br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary <br />and any insurance maintained by Authority, its Members, the City, City Council, its <br />officers, officials, employees, agents, or volunteers shall not contribute with it. <br />4. A severability of interest provision must apply for all the additional insureds, ensuring <br />that Consultant's insurance shall apply separately to each insured against whom a claim <br />is made or suit is brought, except with respect to the insurer's limits of liability. <br />5. Insurance policies required herein shall provide that coverage shall not be canceled, <br />suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or <br />materially changed except after thirty (30) days prior written notice has been given to <br />Authority. Ten (10) days prior written notice shall be provided to Authority for policy <br />cancellation or non -renewal due to non-payment of premium. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: Housing Authority <br />of the City of Santa Ana, Attention: Executive Director, Community Development <br />Agency, 20 Civic Center Plaza M-25, P.O. Box 1988, Santa Ana, CA 92701. The name <br />and location of project must be included in the Description of Operations section of each <br />certificate. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the Authority. The Authority may <br />require the Consultant to provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the State of California <br />with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the <br />Authority. <br />Claims Made Policies <br />If any of the required policies provide coverage on a claims -made basis: <br />1. The Retroactive Date must be shown and must be before the date of the contract. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) <br />years after completion of work. <br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form <br />with a Retroactive Date prior to the contract effective date, Consultant must purchase "extended <br />reporting" coverage for a minimum of three (3) years after completion of work. <br />Page 4 of 10 <br />#392695vl <br />