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4.3 Professional Liability Insurance. <br />4.3.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain for the period covered by this Agreement professional liability <br />insurance for licensed professionals performing work pursuant to this <br />Agreement in an amount not less than ONE MILLION DOLLARS <br />($1,000,000) covering the licensed professionals' errors and omissions. <br />Any deductible or self-insured retention shall not exceed $150,000 per <br />claim. <br />4.3.2 Claims-made limitations. The following provisions shall apply if the <br />professional liability coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be <br />before the 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 <br />or the work, so long as commercially available at reasonable rates. <br />c. If coverage is canceled or not renewed and it is not replaced with <br />another claims-made policy form with a retroactive date that <br />precedes the date of this Agreement, Consultant must provide <br />extended reporting coverage for a minimum of five years after <br />completion of the Agreement or the work. The City shall have the <br />right to exercise, at the Consultant's sole cost and expense, any <br />extended reporting provisions of the policy, if the Consultant <br />cancels or does not renew the coverage. <br />d. A copy of the claim reporting requirements must be submitted to <br />the City prior to the commencement of any work under this <br />Agreement. <br />4.4 All Policies Requirements. <br />4.4.1 Acceptability of insurers. All insurance required by this section is to be <br />placed with insurers with a Bests' rating of no less than A:VII. <br />4.4.2 Verification of coverage. Prior to beginning any work under this <br />Agreement, Consultant shall furnish City with complete certified copies of <br />all policies, including complete certified copies of all endorsements. All <br />copies of policies and certified endorsements shall show the signature of a <br />person authorized by that insurer to bind coverage on its behalf. <br />Consulting Services Agreement between May 3, 2004 <br />City of San Leandro and ECS Imaging, Inc. Page 5 of 19 <br />