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d. The Contractor's insurance shall apply separately to each insured <br />against whom claim is made or suit is brought, except with respect <br />to the limits of the insurer's liability. <br />2. Workers' Compensation and Employers Liability Coverage. <br />The insurer shall agree to waive all rights of subrogation against the City, <br />its officers, officials, employees and volunteers for losses arising from work <br />performed by the Contractor for the City. <br />3. All Coverages. <br />Each insurance policy required by this clause shall be endorsed to state that <br />coverage shall not be suspended, voided, canceled by either party, reduced <br />in coverage or in limits except after thirty (30) days' prior written notice by <br />certified mail, return receipt requested, has been given to the City. <br />(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' <br />rating of no less than A: VII. <br />(f) Verification of Coveraue. Contractor shall furnish City with certificates of <br />insurance and with original endorsements effecting coverage required by this <br />clause. The certificates and endorsements for each insurance policy are to be <br />signed by a person authorized by that insurer to bind coverage on its behalf. The <br />certificates and endorsements are to be received and approved by the City before <br />work commences. The City reserves the right to require complete, certified copies <br />of all required insurance policies, at any time. <br />(g) Subcontractors. Contractor shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />(h) The Risk Manager of City may approve a variation in those insurance requirements <br />upon a determination that the coverages, scope, limits and forms of such insurance <br />are either not commercially available or that the City's interests are otherwise fully <br />protected. <br />5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall <br />have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind <br />City to any obligation whatsoever. <br />Exhibit D Page 3 of 6 <br />6/12/95 rev. Marina Entrance Improvements Construction <br />5/20/97 rev. <br />