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b. City, its officers, officials, employees, and volunteers are to be covered as <br /> insureds as respects: liability arising out of work or operations performed <br /> by or on behalf of the Consultant; or automobiles owned, leased, hired, or <br /> borrowed by the Consultant <br /> c. For any claims related to this Agreement or the work hereunder, the <br /> Consultant's insurance covered shall be primary insurance as respects <br /> the City, its officers, officials, employees, and volunteers. Any insurance <br /> or self - insurance maintained by the City, its officers, officials, employees, <br /> or volunteers shall be excess of the Consultant's insurance and shall not <br /> contribute with it. <br /> d. Each insurance policy required by this clause shall be endorsed to state <br /> that coverage shall not be canceled by either party, except after 30 days' <br /> prior written notice has been provided to the City. <br /> 4.3 Professional Liability Insurance. <br /> 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain <br /> for the period covered by this Agreement professional liability insurance for <br /> licensed professionals performing work pursuant to this Agreement in an amount <br /> not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed <br /> professionals' errors and omissions. Any deductible or self - insured retention shall <br /> not exceed $150,000 per claim. <br /> 4.3:2 Claims -made limitations. The following provisions shall apply if the professional <br /> liability coverage is written on a claims -made form: <br /> a. The retroactive date of the policy must be shown and must be before the <br /> date of the Agreement. <br /> b. Insurance must be maintained and evidence of insurance must be <br /> provided for at least five years after completion of the Agreement or the <br /> work, so long as commercially available at reasonable rates. <br /> 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 /> Consulting Services Agreement between January 1, 2012 <br /> City of San Leandro and BAHBA Page 4 of 13 <br />