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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
<br />against whom a claim is made or suit is brought, except with respect to the
<br />insurer's limits of liability.
<br />5.Insurance policies required herein shall provide that coverage shall not be
<br />canceled, suspended, voided, reduced in coverage or in limits, non-renewed by
<br />the carrier, or materially changed except after thirty (30) days prior written
<br />notice has been given to City. Ten (10) days prior written notice shall be
<br />provided to City for policy cancellation or non-renewal due to non-payment of
<br />premium.
<br />6.Certificate Holder on each Evidence of Insurance certificate shall be: City of
<br />Santa Ana, Attention: Community Development Agency, Executive Director,
<br />20 Civic Center Plaza M-25, Santa Ana, CA 92701. The name and location of
<br />project must be included in the Description of Operations section of each
<br />certificate.
<br />c.Self-Insured Retentions: Self-insured retentions must be declared to and approved by
<br />the City. The City may require the Consultant to purchase coverage with a lower
<br />retention or provide proof of ability to pay losses and related investigations, claim
<br />administration, and defense expenses within the retention.
<br />d.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 A: VII,
<br />unless otherwise acceptable to City.
<br />e.Verification of Coverage: Consultant shall furnish the 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
<br />Declarations and Endorsement Page of the CGL policy listing all policy endorsements
<br />to City before work begins. However, failure to obtain the required documents prior to
<br />the work beginning shall not waive the Consultant's obligation to provide them. City
<br />reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />f.Special Risks or Circumstances: City reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or
<br />other special circumstances.
<br />7.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
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<br />EXHIBIT 1
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