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Agmt 2012 New City America Inc
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Agmt 2012 New City America Inc
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Last modified
9/17/2012 10:53:14 AM
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9/17/2012 10:53:13 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2012
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PERM
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Reso 2012-080
(Approved by)
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\City Clerk\City Council\Resolutions\2012
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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 furnish 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 altematives to other remedies City may have and are not the exclusive remedy for <br /> Consultant's breach: <br /> • Obtain such insurance and deduct and retain the amount of the premiums for such <br /> insurance from any sums due under the Agreement; <br /> • Order Consultant to stop work under this Agreement or withhold any payment that <br /> becomes due to Consultant hereunder, or both stop work and withhold any payment, <br /> until Consultant demonstrates compliance with the requirements hereof; and /or <br /> • Terminate this Agreement. <br /> G10B01Downtown1Downtown PBIDWCA AgreementslCSA6- 19- 12.doc <br />
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