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<br />improved endorsement orm fled with the State o~ifornia provided the
<br />coverage is as broad as the ISO forms set forth in this agreement.
<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 />a. The insurance shall cover on an occurrence or an accident basis,
<br />and not on a claims-made basis.
<br />b. Any failure of Consultant to comply with reporting provisions of
<br />the policy shall not affect coverage provided to City and its
<br />officers, employees, agents, and volunteers.
<br />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 />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 />Sanitary Sewer Pipeline Replacements 04-OS October 19, 2004
<br />OS-593-52-211 Page 5 of 22
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