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4.4.6 Subcontractors. Consultant agrees to ensure all subcontractors, and any <br />other party involved with the project who is brought onto or involved in <br />the project by Consultant are insureds under its policies or provide the <br />same minimum insurance coverage required of Consultant. Consultant <br />agrees to monitor and review all such coverage and assumes all <br />responsibility for ensuring that such coverage is provided in conformity <br />with the requirements of this section. Consultant agrees that upon request, <br />all agreements with subcontractors and others in the project will be <br />submitted to the City for review. <br />4.4.7 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverage, scope, limits, and <br />forms of such insurance are either not commercially available, or that the <br />City's interests are otherwise fully protected. The City reserves the right at <br />any time during the term of the contract to change the amounts and types <br />of insurance required by giving the Consultant ninety (90) days advance <br />written notice of such change. If such change results in substantial cost to <br />the Consultant, the City will negotiate additional compensation <br />proportional to the increased benefit to City. <br />4.4.8 Primary Insurance. It is acknowledged by the parties of this agreement <br />that all insurance coverage required to be provided by Consultant or any <br />subcontractors, is intended to apply first and on a primary, non- <br />contributingbasis in relation to any other insurance or self insurance <br />available to the City. <br />4.4.9 These insurance requirements are intended to be separate and distinct from <br />any other provision in this agreement and are intended by the parties here <br />to be interpreted as such. The requirements in this Section supersede all <br />other sections and provisions of this Agreement to the extent that any <br />other section or provision conflicts with or impairs the provisions of this <br />Section. It is not the intent of the City to reimburse any third party for the <br />cost of complying with these requirements. There shall be no recourse <br />against the City for payment of premiums or other amount with respect <br />thereto. Consultant acknowledges and agrees that any actual or alleged <br />failure on the part of City to inform Consultant ofnon-compliance with <br />any insurance requirement in no way imposes any additional obligations <br />on City nor does it waive any rights hereunder in this or any other regard. <br />4.4.10 Notification of Claims and Losses. Consultant agrees to provide <br />immediate notice to City of any claim or loss against Consultant arising <br />out of the work performed under this agreement. City assumes no <br />obligation or liability by such notice, but has the right (but not the duty) to <br />San Leandro Blvd-BART Interface Plan June, 2009 <br />9 of 38 <br />