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Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 <br />(any auto). No endorsement shall be attached limiting the coverage. <br />4.2.3 Additional requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />The Insurance shall cover on an occurrence or an occurrence basis, and <br />not on aclaims-made basis. <br />Agency, its officers, officials, employees, and volunteers are to be covered <br />as insureds as respects: liability arising out of work or operations <br />performed by or on behalf of the Consultant; or automobiles owned, <br />leased, hired, or borrowed by the Consultant <br />c. 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 Agency, its officers, officials, employees, and volunteers. Any <br />insurance orself-insurance maintained by the Agency, its officers, <br />officials, employees, or volunteers shall be excess of the Consultant's <br />insurance and shall not contribute with it. <br />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 Agency. <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 ONE MILLION DOLLARS ($1,000,000) covering the licensed <br />professionals' errors and omissions. Any deductible orself-insured retention shall <br />not exceed $150,000 per 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 />b. 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 />Consulting Services Agreement between July 1, 2009 <br />RDA of City of San Leandro and BAHBA Page 5 of 14 <br />989837-1 <br />