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(3) Primary Coverage. For any claims related to this contract, the Contractor's <br />insurance coverage shall be primary and any insurance or self-insurance <br />maintained by City, its City Council, its officers, officials, employees, or <br />volunteers shall be excess of the Contractor's insurance and shall not contribute <br />with it. <br />(4) Notice of Cancellation. Each insurance policy required above shall provide <br />that coverage shall not be canceled, except with written notice to the City. <br />G. Self -Insured Retentions. Self -insured retentions must be declared to and <br />approved by the City. The City may require the Contractor to purchase coverage <br />with a lower retention or provide proof of ability to pay losses and related <br />investigations, claim administration, and defense expenses within the retention. <br />The policy language shall provide, or be endorsed to provide, that the self -insured <br />retention may be satisfied by either the named insured or City. <br />d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to <br />conduct business in the state with a current A.M. Best's rating of no less than <br />A:VII, unless otherwise acceptable to the City. <br />C. Verification of Coverage. Contractor shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or copies <br />of the applicable policy language effecting coverage requiredby this clause) and a <br />copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy <br />endorsements to City before work begins, however, failure to obtain the required <br />documents prior to the work beginning shall not waive the Contractor's obligation to <br />provide them. <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies,including endorsements required by these specifications, at any <br />time. <br />f. Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of therisk, prior experience, <br />insurer, coverage, or other special circumstances. <br />7. INDEMNIFICATION <br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including death, and claims for property damage, which may arise from the <br />negligent operations of the Contractor, its subcontractors, agents, employees, or other persons <br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) <br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and <br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial <br />Page 4 of 9 <br />#429377v1 <br />