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2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against <br />City, its City Council, its officers, officials, employees, agents, and volunteers for losses <br />paid under the terms of any policy which arise from work performed by Consultant under <br />this Agreement. <br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary <br />and any insurance maintained by City, its City Council, its officers, officials, employees, <br />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 />City. Ten (10) days prior written notice shall be provided to City for policy cancellation <br />or non -renewal due to non-payment of premium. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, <br />Attention: (Public Works Agency, Executive Director of Public Works), 20 Civic Center <br />Plaza M-43, Santa Ana, CA 92701. The name and location of project must be included in <br />the Description of Operations section of each certificate. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the City. The City may require the <br />Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses <br />and related investigations, claim 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 rating of no less than A:VII, unless otherwise acceptable to City. <br />Verification of Coverage <br />Consultant shall furnish City with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage <br />required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy <br />listing all policy endorsements before work begins. However, failure to obtain the required <br />documents prior to the work beginning shall not waive Consultant's obligation to provide them. <br />City reserves the right to require complete, certified copies of all required insurance policies, <br />including endorsements required by these specifications, at any time. <br />Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the nature of the <br />risk, prior experience, insurer, coverage, or other special circumstances. <br />8. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />j9 <br />