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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 11 <br /> <br /> <br />EXHIBIT B-1 <br />ADDITIONAL TERMS AND CONDITIONS (GENERAL) <br /> <br />A. INSURANCE REQUIREMENTS <br /> AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to <br />obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the <br />applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to <br />injuries to persons or damage to property or other losses that may arise in connection with the <br />performance of work under such Supplement, and in effect at all times for the duration of such <br />Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best’s Rating <br />of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the <br />applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance <br />requirements herein utilizing self-insurance providing equivalent coverage. <br /> <br />B. CLAIMS OR DISPUTES <br />Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this <br />Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any <br />undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In <br />the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project <br />that the project managers identified by MTC and AGENCY are unable to resolve, the project manager <br />for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be <br />convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC <br />Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The <br />responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC. <br />Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to <br />alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be <br />borne equally. <br /> <br />384