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If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant must purchase an extended period coverage <br />for a minimum of five years after completion of work under this <br />Agreement. <br />d. A copy of the claim reporting requirements must be submitted to the <br />Agency for review 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 placed <br />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 Agreement, <br />Consultant shall furnish Agency with complete copies of all policies delivered to <br />Consultant by the insurer, including complete copies of all endorsements attached <br />to those policies. All copies of policies and endorsements shall show the signature <br />of a person authorized by that insurer to bind coverage on its behalf. If the <br />Agency does not receive the required insurance documents prior to the Consultant <br />beginning work, it shall not waive the Consultant's obligation to provide them. The <br />Agency reserves the right to require complete copies of all required insurance <br />policies at any time. <br />4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br />obtain the written approval of Agency for the self-insured retentions and <br />deductibles before beginning any of the services or work called for by any term of <br />this Agreement. At the option of the Agency, either: the insurer shall reduce or <br />eliminate such deductibles orself-insured retentions as respects the Agency, its <br />officers, employees, and volunteers; or the Consultant shall provide a financial <br />guarantee satisfactory to the Agency guaranteeing payment of losses and related <br />investigations, claim administration and defense expenses. <br />4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" <br />policy limit (i.e. limit that is eroded by the cost of defense). <br />4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which <br />any insurer or contractor may require from vendor by virtue of the payment of any <br />loss. Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br />The Workers' Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the consultant, its employees, <br />agents, and subcontractors. <br />Consulting Services Agreement between July 1, 2010 <br />RDA of City of San Leandro and BAHBA Page 6 of 14 <br />989837-1 <br />