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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />than the level of coverage required by COUNTY from CONTRACTOR under this <br />agreement. It is the obligation of CONTRACTOR to provide notice of the <br />insurance requirements to every subcontractor and to receive proof of <br />insurance prior to allowing any subcontractor to begin work. Such proof of <br />insurance must be maintained by CONTRACTOR through the entirety of this <br />Agreement for inspection by COUNTY representative(s) at any reasonable time. <br />12.3 All self-insured retentions (SIRS) shall be clearly stated on the <br />Certificate of Insurance. Any self-insured retention (SIR) in an amount in <br />excess of fifty thousand dollars (850,000) shall specifically be approved by <br />the COUNTY's Risk Manager, or designee, upon review of CONTRACTOR's current <br />audited financial report. If CONTRACTOR's SIR is approved, CONTRACTOR, in <br />addition to, and without limitation of, any other indemnity provision(s) in <br />the Agreement, agrees to all of the following: <br />12.3.1 In addition to the duty to indemnify and hold COUNTY <br />harmless against any and all liability, claim, demand or suit resulting from <br />CONTRACTOR's, its agents, employee's or subcontractor's performance of this <br />Agreement, CONTRACTOR shall defend COUNTY at its sole cost and expense with <br />counsel approved by Board of Supervisors against same; and <br />12.3.2 CONTRACTOR's duty to defend, as state above, shall be <br />absolute and irrespective of any duty to indemnify or hold harmless; and <br />12.3.3 The provisions of California Civil Code Section 2860 <br />shall apply to any and all actions to which the duty to defend state above <br />applies, and CONTRACTOR'S SIR provisions shall be interpreted as though <br />CONTRACTOR was an insurer and COUNTY was the insured. <br />12.4 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for <br />the full term of this Agreement, COUNTY may terminate this Agreement. <br />12.5 Qualified Insurer: <br />12.5.1 The policy or policies of insurance required herein must <br />(WRR0216) <br />Page 16 of 43 <br />(April 4, 2017) <br />