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<br />4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to <br />and obtain the approval of Agency for the self-insured retentions and <br />deductibles before beginning any of the services or work called for 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 />such deductibles or self-insured retentions with respect to Agency, its <br />officers, employees, agents, and volunteers. The Contract Administrator <br />may condition approval of an increase in deductible or self-insured <br />retention levels with a requirement that Consultant procure a bond, <br />guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses that is satisfactory in all respects to <br />each of them. <br /> <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds <br />under its policies or shall furnish separate certificates and certified <br />endorsements for each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br /> <br />4.4.7 Variation. The Agency may approve a variation in the foregoing <br />insurance requirements, upon a determination that the coverage, scope, <br />limits, and forms of such insurance are either not commercially available, <br />or that the Agency's interests are otherwise fully protected. <br /> <br />4.5 Remedies. In addition to any other remedies Agency may have if Consultant fails <br />to provide or maintain any insurance policies or policy endorsements to the extent <br />and within the time herein required, Agency may, at its sole option exercise any <br />of the following remedies, which are alternatives to other remedies Agency may <br />have and are not the exclusive remedy for Consultant's breach: <br /> <br />· Obtain such insurance and deduct and retain the amount of the premiums for <br />such insurance from any sums due under the Agreement; <br /> <br />· Order Consultant to stop work under this Agreement or withhold any payment <br />that becomes due to Consultant hereunder, or both stop work and withhold <br />any payment, until Consultant demonstrates compliance with the requirements <br />hereof; and/or <br /> <br />· Tern1inate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. <br />Consultant shall indemnify. defend with counsel reasonably acceptable to the Agency, and hold <br />harmless the Agency and its officials, officers, employees, agents, and volunteers from and <br /> <br />Consulting Services Agreement between the Redevelopment Agency of <br />City of San Leandro and Bay Area Homebuyer Agency <br /> <br />[July 1,2007] <br />Page 7 of 20 <br />