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<br />such insurance are either not commercially available, or that the City's interests <br />are otherwise fully protected. <br /> <br />4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and <br />obtain the approval of City for the self-insured retentions.and deductibles before <br />beginning any of the services or work called for by any term of this Agreement. <br /> <br />During the period covered by this Agreement, only upon the prior express written <br />authorization of Contract Administrator, Consultant may increase such deductibles <br />or self~insured retentions with respect to City, its officers, employees, agents, and <br />volunteers. The Contract Administrator may condition approval of an increase in <br />deductible or self~insured retention levels with a requirement that Consultant <br />procure a bond, guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses that is satisfactory in all respects to each of <br />them. <br /> <br />4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required by <br />this section is reduced, limited, or materially affected in any other manner, <br />Consultant shall provide written notice to City at Consultant's earliest possible <br />opportunity and in no case later than five days after Consultant is notified of the <br />change in coverage. <br /> <br />4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant's breach: <br /> <br />. Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br /> <br />. Order Consultant to stop work under this Agreement or withhold any payment that <br />becomes due to Consultant hereunder, or both stop work and withhold any payment, <br />until Consultant demonstrates compliance with the requirements hereof; and/or <br /> <br />· Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall <br />indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, <br />employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, <br />damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to <br />property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole <br />or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, <br />subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character <br />of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Environmental Science Associates <br /> <br />Page 7 of 13 <br />