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insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City f()r the self-insured retentions and deductibles bellwe heginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, ernployees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-.insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment oflosses and related investigations, claim administration, and defense expenses that is satisDlctory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall fumish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a deterrnination that the coverage, scope, limits, and ]ClITllS of such insurancc are cither not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant Dlils to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any or the following remedies, which are altematives to other remedies City may have and are not the exclusive remedy for Consultant's breach: . Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; . Order Consultant to stop work under this Agreelnent or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant dcmonstrates compliance with the requirements hereof; and/or . Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indenmify, defend with counsel reasonably acceptable to the City, imd hold Hesperian BoulevanULewelling Intersection Traffic Assessment November 13, 2006 Page 7 of 2 I