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<br /> <br />© 2014 Crosslink Networks LLC, 1499 Doolittle Dr. San Leandro, CA 94577 Proprietary and Confidential <br />b. Customer, its officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by or on behalf of CLN. <br />c. CLN hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. CLN agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. <br />d. For any claims related to this Agreement or the work hereunder, CLN’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or volunteers shall be excess <br />of CLN’s insurance and shall not contribute with it. <br />7.2.4 Submittal Requirements. To comply with Subsection 7.2, CLN shall 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 />7.3 All Policies Requirements. <br />7.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. <br />7.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, CLN shall furnish Customer with complete copies of all Certificates of Liability Insurance delivered to CLN by the insurer, <br />including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If Customer does not receive the required insurance documents prior to CLN beginning <br />work, it shall not waive CLN’s obligation to provide them. The Customer reserves the right to require complete copies of all required insurance policies at any time. <br />7.3.3 Deductibles and Self-Insured Retentions. CLN shall disclose to and obtain the written approval of <br />Customer for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Customer, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Customer, its officers, employees, and volunteers; <br />or CLN shall provide a financial guarantee satisfactory to the Customer guaranteeing payment of losses and related investigations, claim administration and defense expenses. <br />7.3.4 Wasting Policies. No policy required by this Section 7 shall include a “wasting” policy limit (i.e. limit <br />that is eroded by the cost of defense). <br />7.3.5 Endorsement Requirements. Each insurance policy required by Section 7 shall be endorsed to state <br />that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided <br />to the Customer. <br />7.3.6 Subcontractors. CLN shall include all subcontractors as insureds under its policies or shall furnish <br />separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. <br />7.4 Remedies. In addition to any other remedies Customer may have if CLN fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Customer may have and are not the exclusive remedy for CLN’s breach: <br />a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; <br />b. Terminate this Agreement. <br />8. Service Levels. The following detailed service parameters are the responsibility of CLN in the ongoing <br />support of this Agreement. The following Services are covered by this Agreement; Manned telephone <br />support, Monitored email support, -Remote assistance using Remote Desktop and a Virtual Private <br />Network where available,-Planned or Emergency Onsite assistance not covered by this Agreement (moves/changes out of scope),-Monthly system health check