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<br />Non-Professional Services Agreement between Project No.: 3013.0240 <br />City of San Leandro and Jack Doheny Companies, Inc. Page 8 of 16 <br />documents prior to the Contractor beginning work, it shall not waive the <br />Contractor’s obligation to provide them. The City reserves the right to <br />require complete copies of all required insurance policies at any time. <br /> <br />4.3.3 Deductibles and Self-Insured Retentions Contractor shall disclose to <br />and obtain the written approval of City for the self-insured retentions and <br />deductibles before beginning any of the services or work called for by any <br />term of this Agreement. At the option of the City, either: the insurer shall <br />reduce or eliminate such deductibles or self-insured retentions as respects <br />the City, its officers, employees, and volunteers; or the Contractor shall <br />provide a financial guarantee satisfactory to the City guaranteeing <br />payment of losses and related investigations, claim administration and <br />defense expenses. <br /> <br />4.3.4 Wasting Policies No policy required by this Section 4 shall include a <br />“wasting” policy limit (i.e. limit that is eroded by the cost of defense). <br /> <br />4.3.5 Endorsement Requirements Each insurance policy required by Section <br />4 shall be endorsed to state that coverage shall not be canceled by either <br />party, except after 30 days’ prior written notice has been provided to the <br />City. <br /> <br />4.3.6 Subcontractors Contractor shall include all subcontractors as insureds <br />under its policies or shall furnish separate certificates and certified <br />endorsements for each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br /> <br />4.4 Remedies In addition to any other remedies City may have if Contractor fails to <br />provide or maintain any insurance policies or policy endorsements to the extent <br />and within the time herein required, City may, at its sole option exercise any of <br />the following remedies, which are alternatives to other remedies City may have <br />and are not the exclusive remedy for Contractor’s breach: <br /> <br /> Obtain such insurance and deduct and retain the amount of the premiums for <br />such insurance from any sums due under the Agreement; <br /> <br /> Order Contractor to stop work under this Agreement or withhold any payment <br />that becomes due to Contractor hereunder, or both stop work and withhold <br />any payment, until Contractor demonstrates compliance with the requirements <br />hereof; and/or <br /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES <br />Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and <br />its officers, officials, employees, agents and volunteers from and against any and all liability,