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<br />_____________________________________________________________________________________ <br />Consulting Services Agreement between Project No.: 962-86-067 <br />City of San Leandro and Aparc Systems Page 7 <br /> <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 /> <br />4.4.4 Wasting Policies. No policy required by this Section 4 except professional <br />liability shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of <br />defense). <br /> <br />4.4.5 Waiver of Subrogation. Except under the professional liability policy, Consultant <br />hereby agrees to waive subrogation which any insurer or contractor may require <br />from vendor by virtue of the payment of any loss. Consultant agrees to obtain any <br />endorsements that may be necessary to affect this waiver of subrogation. <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall with <br />respect to all Services performed in connection with this Agreement, indemnify and hold City, its officers, <br />employees, and volunteers, harmless from and against any and all claims to the extent caused by the