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Liability, and Automobile Liability policies, with respect to any liability arising out <br />of work or operations performed by or on behalf of the Instructor including <br />materials, parts, equipment, and personnel furnished in connection with such work <br />or operations. <br />2) Consultant's Insurance company(ies) agrees to waive all rights of subrogation <br />against City, its City Council, its officers, officials, employees, agents, and <br />volunteers for losses paid under the terms of any policy which arise from work <br />performed by Consultant under this Agreement. <br />3) For any claims related to this contract, Consultant's insurance coverage shall be <br />primary and any insurance maintained by City, its City Council, its officers, <br />officials, employees, agents, or volunteers shall not contribute with it. <br />4) A severability of interest provision must apply for all the additional insureds, <br />ensuring that Consultant's insurance shall apply separately to each insured against <br />whom a claim is made or suit is brought, except with respect to the insurer's limits <br />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 <br />to City. Ten (10) days prior written notice shall be provided to City 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: City of Santa <br />Ana, Attention: Human Resources Agency, 20 Civic Center Plaza M-24, 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 />D. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the <br />City. The City may require the Consultant to purchase coverage with a lower retention or <br />provide proof of ability to pay losses and related investigations, claim administration, and <br />defense expenses within the retention. <br />E. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct <br />business in the State of California with a current A.M. Best rating of no less than ANII, <br />unless otherwise acceptable to City. <br />F. Verification of Coverage- Consultant shall furnish City with original Certificates of <br />Insurance including all required amendatory endorsements (or copies of the applicable <br />policy language effecting coverage required by this clause) and a copy of the Declarations <br />and Endorsement Page of the CGL policy listing all policy endorsements before work <br />begins. However, failure to obtain the required documents prior to the work beginning shall <br />not waive Consultant's obligation to provide them. <br />Page 4 of 9 <br />#430731v1 <br />