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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 /> Waiver of Subrogation <br /> Consultant hereby agrees to waive rights of subrogation which any insurer of Consultant may <br /> acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any <br /> endorsement that may be necessary to affect this waiver of subrogation.The Workers' <br /> Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work <br /> performed by Consultant, its employees, agents and sub-contractors. <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). A statement on a Certificate(s)/Evidence of Insurance will not be <br /> accepted in lieu of the actual endorsements required herein. 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 /> Sub-Contractors <br /> Consultant shall require and verify that all sub-contractors maintain insurance meeting all <br /> requirements stated herein,and Consultant shall ensure that City is an additional insured on <br /> insurance required from sub-contractors.For CGL coverage, sub-contractors shall provide <br /> coverage with a form at least as broad as CG 20 38 04 13, <br /> Failure to Maintain Insurance Coverage <br /> If Consultant, for any reason,fails to maintain insurance coverage which is required pursuant to <br /> this contract,the same shall be deemed a material breach of contract. City, at its sole option, may <br /> terminate this contract at any time and obtain damages from Consultant resulting from said <br /> breach, <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 circumstances. <br /> S. INDEMNIFICATION <br /> Consultant 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 Consultant, 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 /> 5 <br />