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City guaranteeing payment of losses and related investigations, claim <br />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 Endorsement Requirements. Each insurance policy required by Section 4 shall <br />be endorsed to state that coverage shall not be canceled by either party, except <br />after 30 days' prior written notice has been provided to the City. <br />4.4.6 Subcontractors. Attorney 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 Attorney fails to provide or <br />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 />Attorney'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 Attorney to stop work under this Agreement or withhold any payment that <br />becomes due to Attorney hereunder, or both stop work and withhold any payment, <br />until Attorney demonstrates compliance with the requirements hereof; and/or <br />■ Terminate this Agreement. <br />Section 5. INDEMNIFICATION AND ATTORNEY'S RE SP ONS IBILITIE S. Refer to the attached <br />Exhibit C, which is incorporated herein and made a part of this Agreement. <br />Section 6. <br />STATUS OF ATTORNEY. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Attorney shall be <br />an independent contractor and shall not be an employee of City. Notwithstanding any <br />other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, <br />Attorney and any of its employees, agents, and subcontractors providing services under <br />this Agreement shall not qualify for or become entitled to, and hereby agree to waive any <br />and all claims to, any compensation, benefit, or any incident of employment by City, <br />including but not limited to eligibility to enroll in the California Public Employees Retirement <br />System (PERS) as an employee of City and entitlement to any contribution to be paid by <br />City for employer contributions and/or employee contributions for PERS benefits. <br />6.2 Reserved. <br />Consulting Services Agreement between June 25, 2013 <br />City of San Leandro and Bertrand, Fox., and Elliot Page 8 of 13 <br />