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any of the services or work called for by any term of this Agreement. At the option of the <br />City, either: the insurer shall reduce or eliminate such deductibles or self-insured <br />retentions as respects the City, its officers, employees, and volunteers; or the Consultant <br />shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses <br />and related investigations, claim administration and defense expenses. <br />4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy <br />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 be <br />endorsed to state that coverage shall not be canceled by either party, except after 30 <br />days’ prior written notice has been provided to the City. <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 requirements <br />stated herein. <br />4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or <br />maintain any insurance policies or policy endorsements to the extent and within the time herein <br />required, City may, at its sole option exercise any of the following remedies, which are alternatives <br />to other remedies City may have and are not the exclusive remedy for Consultant’s breach: <br /> Obtain such insurance and deduct and retain the amount of the premiums for such insurance <br />from any sums due under the Agreement; <br /> Order Consultant to stop work under this Agreement or withhold any payment that becomes <br />due to Consultant hereunder, or both stop work and withhold any payment, until Consultant <br />demonstrates compliance with the requirements hereof; and/or <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, <br />which is incorporated herein and made a part of this Agreement. <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an <br />independent contractor and shall not be an employee of City. City shall have the right to control <br />Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement <br />and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have <br />the right to control the means by which Consultant accomplishes services rendered pursuant to this <br />Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or <br />ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors <br />providing services under this Agreement shall not qualify for or become entitled to, and hereby <br />agree to waive any and all claims to, any compensation, benefit, or any incident of employment by <br />City, 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 City for