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Contractor's obligation to provide them. The City reserves the right to require complete <br />copies of all required insurance policies at any time. <br />4.4.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the <br />written approval of City for the self-insured retentions and deductibles before beginning <br />any of the services or work called for by any term of this Agreement. At the option of the <br />City, either: the insurer shall reduce or eliminate such deductibles orself-insured <br />retentions as respects the City, its officers, employees, and volunteers; or the Contractor <br />shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses <br />and related investigations, claim administration and defense expenses. <br />4.4.4 Reserved <br />4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any <br />insurer or contractor may require from vendor by virtue of the payment of any loss. <br />Contractor agrees to obtain any endorsements that may be necessary to affect this waiver <br />of subrogation. <br />The Workers' Compensation policy shall be endorsed with a waiver of subrogation in <br />favor of the entity for all work performed by the Contractor, its employees, agents, and <br />subcontractors. <br />4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies <br />or shall furnish separate certificates and endorsements for each subcontractor. All <br />coverages for subcontractors shall be subject to all of the requirements stated herein. <br />4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or <br />maintain any insurance policies or policy endorsements to the extent and within the time herein <br />required, City may, at its sole option exercise any of the following remedies, which are alternatives <br />to other remedies City may have and are not the exclusive remedy for Contractor's breach: <br />^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance <br />from any sums due under the Agreement; <br />^ Order Contractor to stop work under this Agreement or withhold any payment that becomes <br />due to Contractor hereunder, or both stop work and withhold any payment, until Contractor <br />demonstrates compliance with the requirements hereof; and/or <br />^ Terminate this Agreement. <br />Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. <br />Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, <br />employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs <br />(including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nafure <br />arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its <br />obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of <br />City. <br />The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to <br />evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the <br />