PACIFIC COAST SHUTTLES DBA FUTURA BUS NET, INC. (5)

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Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City,The City may require theLicensee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII,uniess otherwise acceptable to the City. Verification of Coverage Licensee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage requiredby this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.However, failure to obtain the required documents prior to the work beginning shall not waivethe Licensee's obligationto provide them. The City reserves the right to require complete,certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of therisk, prior experience,insurer, coverage, or other special circumstances. 2. MISCELLANEOUS'PERMS 2.1 Notices Demands and Communications between the Parties. 2.1.1 Formal notices,demands and communications between Licensee and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service,postage prepaid,return receipt requested,as designated in this Section;or(ii)by messenger service for immediate personal delivery; or (M) by electronic transmittal, including fax transmissions with telephonic verification receipt, Such written notices,demands and communications maybe sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 2.1.2 All notices, demands and communications shall be sent,as follows: TO LICENSEE: TO CfTY; Futura Bus Net,Inc. Public Works Agency 4425 E.Olympic Blvd, City of Santa Ana Los Angeles,CA 90023 20 Civic Center Plaza(M-22) Santa Ana, California 92701 Attention:Executive Director ofPubiie Works 6 i