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<br />insurance maintained hy the City shall be called upon to contrihute to a <br />loss under the coverage. <br /> <br />4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to <br />and obtain the approval of City for the self-insured retentions and <br />deductibles be[ore beginning any of the services or work called (or by any <br />term of this Agreement. <br /> <br />During the period covered by this Agreement, only upon the prior express <br />written authorization of Contract Administrator, Consultant may increase <br />sueh deductibles or sel[-insured retentions with respect to City, its officers, <br />employees, agents, and volunteers. The Contract Administrator may <br />condition approval of an increase in deductible or self-insured retention <br />levels with a requirement that Consultant procurc a bond, guaranteeing <br />payment of losses and related investigations, claim administration, and <br />defense expenses that is satisfactory in all respects to each oCthem. <br /> <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds <br />under its policies or shall tiJrnish separate certificates and certi fled <br />endorsements tor each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br /> <br />4.4.7 Variation. The City may approve a variation in the toregoing insurance <br />requirements, upon a determination that thc coverage, scope, limits, and <br />[0I111S of such insurancc are either not commercially avai lable, or that the <br />City's interests are otherwise Cully protected. <br /> <br />4.5 Remedies. In addition to any other remedies City may have if Consultant [ails to <br />provide or maintain any insurance policies or policy endorsements to the extent <br />and within the time herein required, City may, at its sole option exercise any of <br />the {()lIowing remedies, which are altcl11atives to other remedies City may have <br />and are not the exclusive remedy lor Consultant's breach: <br /> <br />. <br /> <br />Obtain such insurance and deduct and retain the amount orthe premiums tor <br />such insurance from any sums due under the Agreement; <br /> <br />. <br /> <br />Ordcr Consultant to stop work under this Agrecment or withhold any payment <br />that becomes due to Consultant hercundcr, or both stop work and withhold <br />any paymcnt, until Consultant demonstrates compliancc with the requirements <br />hereof; and/or <br /> <br />. <br /> <br />Terminate this Agreemcnt. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. <br />Consultant shall indemnify, defend with counscl reasonably acceptable to the City, and hold <br /> <br />llcspcrian Houleval'dll ,ew~lIiIlg Intersection Traffic Asscssmcnt <br /> <br />Novcmbcr 13, 2006 <br />Page 7 of 21 <br />