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a. The Insurance shall cover on an occurrence or an occurrence basis, and <br />not on aclaims-made basis. <br />City, its officers, officials, employees, and volunteers are to be covered as <br />insureds as respects: liability arising out of work or operations performed <br />by or on behalf of the Consultant; or automobiles owned, leased, hired, or <br />borrowed by the Consultant <br />For any claims related to this Agreement or the work hereunder, the <br />Consultant's insurance covered shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />orself-insurance maintained by the City, its officers, officials, employees, <br />or volunteers shall be excess of the Consultant's insurance and shall not <br />contribute with it. <br />d. Each insurance policy required by this clause shall be endorsed to state <br />that coverage shall not be canceled by either party, except after 30 days' <br />prior written notice has been provided to the City. <br />4.3 Professional Liability Insurance. <br />4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain <br />for the period covered by this Agreement professional liability insurance for <br />licensed professionals performing work pursuant to this Agreement in an amount <br />not less than $ 1,000,000 covering the licensed professionals' errors and <br />omissions. Any deductible orself-insured retention shall not exceed $150,000 per <br />claim. <br />4.3.2 Claims-made limitations. The following provisions shall apply if the professional <br />liability coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br />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 />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 purchase an extended period coverage <br />for a minimum of five years after completion of work under this <br />Agreement. <br />Consulting Services Agreement between January 1, 2008 <br />City of San Leandro and MV Transportation, Inc. Page 5 of 14 <br />989837-1 <br />