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DocuSign Envelope ID: 84EC498E-2CB9-4BBF-A4A8-E61F987E989E <br />BIue5bcheologies <br />Smart So/lttions <br />COMMITMENT TO EXCELLENCE EVEflY DAY Legal and Professional Services <br />or on behalf of the BTSS including materials, parts, equipment, and personnel <br />furnished in connection with such work or operations. <br />2. BTSS's Insurance companies agree to waive all rights of subrogation against City of <br />Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers <br />for losses paid under the terms of any policy which arise from work performed by <br />BTSS under this Agreement. <br />3. For any claims related to this contract, BTSS's insurance coverage shall be primary <br />and any insurance maintained by City of Santa Ana, its City Council, its officers, <br />officials, employees, agents, or volunteers shall not contribute with it. <br />4. Insurance policies required herein shall provide that coverage shall not be canceled, <br />suspended, voided, non -renewed by the carrier, or materially restriction except after <br />thirty (30) days prior written notice has been given to City. Ten (10) days prior <br />written notice shall be provided to City for policy cancellation or non -renewal due to <br />non-payment of premium. <br />S. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa <br />Ana, Attention: Risk Management Division, 20 Civic Center Plaza, 4th Floor, Santa <br />Ana, CA 92701. The name and location of project must be included in the <br />Description of Operations section of each certificate. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by Customer. Customer may <br />require BTSS 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 <br />California with a current A.M. Best rating of no less than A-:VII, unless otherwise <br />acceptable to Customer. <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 <br />least three (3) years after completion of work. <br />3. 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, BTSS must <br />purchase "extended reporting" coverage for a minimum of three (3) years after <br />completion of work. <br />Blue Technologies Smart Solutions LLC, Confidential <br />Page 7 of 8 <br />