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2. Workers' Compensation and Employers Liability Coverage. <br />The insurer shall agree to waive all rights of subrogation against the City, <br />its officers, officials, employees and volunteers for losses arising from <br />work performed by the Contractor for the City. <br />3. Professional Liability. <br />Contractor shall carry professional liability insurance in an amount deemed by the <br />City to adequately protect the Contractor against liability caused by negligent acts, <br />errors or omissions on the part of the Contractor <br />in the course of performance of the services 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 suspended, voided, canceled by either party, <br />reduced in coverage or in limits except after thirty (30) days' prior written <br />notice by certified mail, return receipt requested, has been given to the <br />City. <br />(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Best's <br />rating of no less than ANII. <br />(f) Verification of Coverage. Contractor shall furnish City with certificates of insurance and <br />with original endorsements effecting coverage required by this clause. The certificates and <br />endorsements for each insurance policy are to be signed by a person authorized by that insurer to <br />bind coverage on its behalf. The certificates and endorsements are to be received and approved by <br />the City before 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 policies <br />or shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated herein. <br />(h) The Risk Manager of City may approve a variation in those insurance requirements upon a <br />determination that the coverages, scope, limits and forms of such insurance are either not <br />commercially available or that the City's interests are otherwise fully protected. <br />5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor <br />shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation <br />whatsoever. <br />Exhibit D Page 3 of 6 <br />6/12/95 rev. <br />5/20/97 rev. <br />