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<br />Exhibit B – Flow-Down Provisions <br />Cooperative Agreement No. C-4-2053 <br />i. SCAG, its officials, employees, and volunteers are to be covered as additional insureds, as <br />respects to liability arising out of the activities performed by or on behalf of Sub-Recipient; <br />products and completed operations of Sub-Recipient; premises owned, occupied or used <br />by Sub-Recipient; or automobiles owned leased, hired or borrowed by Sub-Recipient. The <br />coverage shall contain no special limitations on the scope of protection afforded to SCAG, <br />its officials and employees. <br />ii. For any claims related to this Project, Sub-Recipient’s insurance coverage shall be primary <br />insurance as respects SCAG, its officials and employees. Any insurance or self-insurance <br />maintained by SCAG shall be excess of Sub-Recipient’s insurance and shall not contribute <br />with it. <br />iii. Any failure to comply with reporting or other provisions of the policies including breaches <br />of warranties shall not affect coverage provided to SCAG, its officials and employees. <br />iv. Sub-Recipient’s insurance shall apply separately to each insured against whom claim is <br />made or suit is brought, except with respect to the limits of the insurer’s liability. <br />d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of <br />subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers. <br />e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and <br />approved by SCAG. <br />f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating <br />of no less than A and be admitted, unless otherwise approved by SCAG. <br />g. Sub-Recipient shall furnish SCAG with original endorsements and certificates of insurance <br />evidencing coverage required by this clause. All documents are to be signed by a person <br />authorized by that insurer to bind coverage on its behalf. All documents are to be received and <br />approved by SCAG before work commences. Upon request of SCAG at any time, Sub- <br />Recipient shall provide complete, certified copies of all required insurance policies, including <br />endorsements affecting the coverage required by these specifications. <br />h. Sub-Recipient agrees to ensure that its Consultant(s) provide the same minimum insurance <br />coverage and endorsements required of Sub-recipient. Sub-Recipient agrees to monitor and <br />review all such coverage and assumes all responsibility for ensuring that such coverage is <br />provided in conformity with the requirements of this Section. However, in the event Sub- <br />Recipient’s Consultant(s) cannot comply with this requirement, which proof must be submitted <br />to SCAG, Sub-Recipient shall be required to ensure that its Consultant(s) provide and maintain <br />insurance coverage and endorsements sufficient to the specific risk of exposure involved with <br />Consultant(s) scope of work and services, with limits less than required of the Sub-Recipient, <br />but in all other terms consistent with the Sub-Recipient’s requirements under this MOU. This <br />provision does not relieve Sub-Recipient of its contractual obligations under the MOU and/or <br />limit its liability to the amount of insurance coverage provided by its Consultant(s). This <br />provision is intended solely to provide Sub-Recipient with the ability to utilize Consultant(s) <br />10 | Page