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certificates of insurance evidencing all policies delivered to Grantee by the insurer, including complete copies of all endorsements attached to those policies All copies of certificates of insurance and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance certificates and endorsements prior to the Grantee beginning work, it shall not waive the Grantee's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies and endorsements at any time. c. Deductibles and Self- Insured Retentions: Grantee shall disclose to and obtain the written approval of City for the self - insured retentions and deductibles .before beginning any of the services or work called for by any term of this Grant of Easement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, employees, and volunteers; or the Grantee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Wasting Policies: No policy required by Exhibit C shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). e. Waiver of Subrogation: Grantee hereby agrees to waive subrogation which any insurer or Grantee may require from vendor by virtue of the payment of any loss. Grantee agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. Also, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Grantee, its employees, and agents. B. Indemnification and Grantee's Responsibilities. Grantee shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Grantee, to the City, to City officers and employees, or to parties designated by the City on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence, or the willful misconduct, of the Grantee or of any Grantee representative. Grantee shall indemnify, defend, and hold harmless the City, its officers, officials, directors, employees, and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees, and officers from its own fraud, willful injury or sole active negligence. By execution of this Grant of Easement, Grantee acknowledges and agrees that Grantee has read and understands the provisions hereof and that this paragraph is a material element of consideration. 1719751.1 •