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The Insurance shall cover on an occurrence or an occurrence basis, and <br />not on a claims -made basis. <br />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 />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 />The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br />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 />Consulting Services Agreement between July 1, 2012 <br />City of San Leandro and BAHBA Page 5 of 13 <br />989837 -1 <br />