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c. 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 City <br /> for review prior to the commencement of any work under this 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 fumish City 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 City <br /> 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 /> City reserves the right to require complete copies of all required insurance policies <br /> at any time. <br /> 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 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 BART - Downtown Pedestrian Interface <br /> City of San Leandro and Golden Associates Page 6 of 14 <br /> 989837 -1 <br />