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Self -Insured Retentions. Self -insured retentions must be declared to and <br />approved by the City. The City may require the User 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. The policy language shall <br />provide, or be endorsed to provide, that the self -insured retention may be satisfied by either <br />the named insured or City. <br />Acceptability of Insurers. Insurance is to be placed with insurers authorized to <br />conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless <br />otherwise acceptable to the City. <br />Verification of Coverage. User 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 Declarations <br />and Endorsement Page of the CGL policy listing all policy endorsements to City before <br />work begins. However, failure to obtain the required documents prior to the work <br />beginning shall not waive the User's obligation to provide them. The City reserves the right <br />to require complete, certified copies of all required insurance policies, including <br />endorsements required by these specifications, at any time. <br />Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, insurer, <br />coverage, or other special circumstances. <br />8. CONFLICT OF INTEREST CLAUSE <br />User covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br />9. FORCE MAJUERE <br />In the event that the Facilities are rendered unavailable due to destruction, partial <br />or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, <br />or any other action by governmental agencies, or for any reason beyond the control of City, <br />City shall have the right to terminate this Agreement without penalty. <br />10. LICENSES AND PERMITS <br />User represents and warrants that it, and any agents, independent contractors, <br />subcontractors, vendors, or others acting on its behalf under or with respect to this <br />Agreement, will at all times during the term of this Agreement have and maintain in force <br />any and all licenses, permits, or approvals required by law for the conduct of User's <br />activities under this Agreement. <br />Page 4 of 9 <br />