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a. The Insurance shall cover on an occurrence or an accident basis, and not <br /> on a claims-made basis. <br /> b. City, its officers,officials,employees, and volunteers are to be covered as <br /> additional insureds as respects: liability arising out of work or operations <br /> performed by or on behalf of the Contractor;or automobiles owned, <br /> leased, hired, or borrowed by the Contractor. <br /> c. Contractor hereby agrees to waive subrogation which any insurer or <br /> contractor may require from vendor by virtue of the payment of any loss. <br /> Contractor agrees to obtain any endorsements that may be necessary to <br /> affect this waiver of subrogation. <br /> d. For any claims related to this Agreement or the work hereunder,the <br /> Contractor's insurance covered shall be primary insurance as respects the <br /> City, its officers, officials,employees, and volunteers. Any insurance or <br /> self-insurance maintained by the City, its officers,officials,employees, or <br /> volunteers shall be excess of the Contractors insurance and shall not <br /> contribute with it. <br /> 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall <br /> submit the following: <br /> a. Certificate of Liability Insurance in the amounts specified in the section; <br /> b. Additional Insured Endorsement as required by the section; <br /> c. Waiver of Subrogation Endorsement as required by the section;and <br /> d. Primary Insurance Endorsement as required by the section. <br /> 4.3 All Policies Requirements. <br /> 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed <br /> with insurers with a Bests' rating of no less than A:VII. <br /> 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, <br /> Contractor shall furnish City with complete copies of all Certificates of Liability <br /> Insurance delivered to Contractor by the insurer, including complete copies of all <br /> endorsements attached to the policies. All copies of Certificates of Liability <br /> Insurance and certified endorsements shall show the signature of a person <br /> authorized by that insurer to bind coverage on its behalf. If the City does not <br /> receive the required insurance documents prior to the Contractor beginning work, <br /> it shall not waive the Contractor's obligation to provide them. The City reserves <br /> the right to require complete copies of all required insurance policies at any time. <br /> Non-Professional Services Agreement between SL BART Bike eLocker <br /> City of San Leandro and eLock Technologies LLC. Page 6 of 14 <br />