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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 RESPONSIBILITIES.Refer to the attached <br /> Exhibit C, which is incorporated herein and made a part of this Agreement. <br /> Section 6. 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 other <br /> City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Attorney <br /> and any of its employees, agents, and subcontractors providing services under this <br /> Agreement shall not qualify for or become entitled to, and hereby agree to waive any and <br /> all claims to, any compensation, benefit, or any incident of employment by City, including <br /> but not limited to eligibility to enroll in the California Public Employees Retirement System <br /> (PERS) as an employee of City and entitlement to any contribution to be paid by City for <br /> employer contributions and/or employee contributions for PERS benefits. <br /> 6.2 Reserved. <br /> Consulting Services Agreement between July 1, 2014 <br /> City of San Leandro and Bertrand, Fox, and Elliot Page 7 of 13 <br />