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<br />days' prior written notice by certified mail, return receipt requested, has been given <br />to the City. <br /> <br />4.3.3 The policy must contain a cross liability or severability of interest clause. <br /> <br />4.3.4 The following provisions shall apply if the professional liability coverages are <br />written on a claims-made form: <br /> <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br /> <br />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least five years after completion of the Agreement or the <br />work, so long as commercially available at reasonable rates. <br /> <br />c. If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant must provide extended reporting coverage for <br />a minimum of five years after completion of the Agreement or the work. <br />The City shall have the right to exercise, at the Consultant's sole cost and <br />expense, any extended reporting provisions of the policy, if the Consultant <br />cancels or does not renew the coverage. <br /> <br />d. A copy of the claim reporting requirements must be submitted to the City <br />prior to the commencement of any work under this Agreement. <br /> <br />4.4 All Policies Reauirements. <br /> <br />4.4.1 Acceptability of insurers. All insurance required by this section is to be placed <br />with insurers with a Bests' rating of no less than A:VII. <br /> <br />4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with certificates of insurance and with original <br />endorsements effecting coverage required herein. The certificates and <br />endorsements for each insurance policy are to be signed by a person authorized <br />by that insurer to bind coverage on its behalf. The City reserves the right to <br />require complete, certified copies of all required insurance policies, at any time. <br /> <br />4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br /> <br />4.4.4 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverages, scope, limits, and forms of <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Environmental Science Associates <br /> <br />Page 6 of 13 <br />