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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br /> obtain the written approval of City for the self- insured retentions and deductibles <br /> before beginning any of the services or work called for by any term of this <br /> Agreement. At the option of the City, either: the insurer shall reduce or eliminate <br /> • such deductibles or self- insured retentions as respects the City, its officers, <br /> employees, and volunteers; or the Consultant shall provide a financial guarantee <br /> satisfactory to the City guaranteeing payment of losses and related investigations, <br /> claim administration and defense expenses. <br /> 4.4.4 Wasting Policies. No policy required by this Section 4 except professional <br /> liability shall include a "wasting° policy limit (i.e. limit that is eroded by the cost of <br /> defense). <br /> 4.4.5 Waiver of Subrogation. Except under the professional liability policy, Consultant <br /> hereby agrees to waive subrogation which any insurer or contractor may require <br /> from vendor by virtue of the payment of any loss. Consultant agrees to obtain any <br /> endorsements that may be necessary to 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 /> 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br /> policies or shall furnish separate certificates and certified endorsements for each <br /> subcontractor. All coverages for subcontractors shall be subject to all of the <br /> requirements stated herein. <br /> 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br /> or maintain any insurance policies or policy endorsements to the extent and within the time <br /> herein required, City may, at its sole option exercise any of the following remedies, which <br /> are altematives to other remedies City may have and are not the exclusive remedy for <br /> Consultant's breach: <br /> • Obtain such insurance and deduct and retain the amount of the premiums for such <br /> insurance from any sums due under the Agreement; <br /> • Order Consultant to stop work under this Agreement or withhold any payment that <br /> becomes due to Consultant hereunder, or both stop work and withhold any payment, <br /> until Consultant demonstrates compliance with the requirements hereof; and /or <br /> • Terminate this Agreement. <br /> Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall with <br /> respect to all Services performed in connection with this Agreement, indemnify and hold City, its officers, <br /> employees, and volunteers, harmless from and against any and all claims to the extent caused by the <br /> Consulting Services Agreement between Project No.: 962 -86 -067 <br /> City of San Leandro and Parikh Consultants, Inc. Page 7 <br />