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coverage shall be available to Customer. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, and Cyber Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, and equipment furnished in connection with such work or operations. • Consultant's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policies required herein shall not be canceled, suspended, voided, reduced in coverage or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City, Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Heidi Chou, Water Resources Division), 220 S. Daisy Avenue M-85, Santa Ana, CA 92703. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VIZ, unless otherwise acceptable to City. Claims Made Policies.If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown and must be before the date of the contract. • Insurance must be maintained and evidence of insurance must be provided for at least three(3)years after completion of work. • If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years Page 4 of 10