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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 furnish 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 /> 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br /> policies or shall fumish separate certificates and 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 alternatives to other remedies City may have and are not the exclusive remedy for <br /> Consultant's breach: <br /> Consulting Services Agreement between January 1, 2012 <br /> City of San Leandro and BAHBA Page 5 of 13 <br />