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The insurer shall agree to waive all rights of subrogation against the City, <br />its officers, officials, employees and volunteers for losses arising from work <br />performed by the Contractor for the City. <br />Professional Liability. <br />Contractor shall carry professional liability insurance in an amount of one <br />million dollars ($1,000,000) caused by negligent acts, errors or omissions <br />on the part of the Contractor in the course of performance of the services <br />specified in this Agreement. <br />4. All Coverages. <br />Each insurance policy required by this clause shall be endorsed to state that <br />coverage shall not be canceled by either party, except after thirty (30) days' <br />prior written notice by mail has been given to the City. <br />(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' <br />rating of no less than A: VII. <br />(f) Verification of Coverage. Contractor shall furnish City with certificates of <br />insurance and with original endorsements effecting coverage required by this <br />clause. The certificates and endorsements for each insurance policy are to be <br />signed by a person authorized by that insurer to bind coverage on its behalf. The <br />certificates and endorsements are to be received and approved by the City before <br />work commences. The City reserves the right to require complete, certified copies <br />of all required insurance policies, at any time. <br />(g) Subcontractors. Contractor shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />(h) The Risk Manager of City may approve a variation in those insurance requirements <br />upon a determination that the coverages, scope, limits and forms of such insurance <br />are either not commercially available or that the City's interests are otherwise fully <br />protected. <br />5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall <br />have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind <br />City to any obligation whatsoever. <br />6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or <br />obligation pursuant to this Agreement. Any attempted or purported assignment of any right or <br />obligation pursuant to this Agreement shall be void and of no effect. <br />Exhibit D Page 3 of 5 <br />6/12/95 rev. <br />