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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 certified 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 /> Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached <br /> Exhibit C, which is incorporated herein and made a part of this Agreement. <br /> Section 6. STATUS OF CONSULTANT. <br /> 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br /> be an independent contractor and shall not be an employee of City. City shall have the <br /> right to control Consultant only insofar as the results of Consultant's services rendered <br /> pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; <br /> however, otherwise City shall not have the right to control the means by which Consultant <br /> accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br /> Consulting Services Agreement between Project No. 08- 593 -52 -239 <br /> City of San Leandro and CTS, Inc. Page 7 of 14 <br />