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Reso 2002-161 to 165
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Reso 2002-161 to 165
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/2002
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PERM
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4.4.3 Subcontractors. Consultant 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 />4.4.4 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverages, scope, limits, and forms of <br />such insurance are either not commercially available, or that the City's interests <br />are otherwise fully protected. <br />4.4.5 Deductibles and Self -Insured Retentions. Consultant shall disclose to and <br />obtain the approval of City for the self -insured retentions and deductibles before <br />beginning any of the services or work called for by any term of this Agreement. <br />During the period covered by this Agreement, only upon the prior express written <br />authorization of Contract Administrator, Consultant may increase such deductibles <br />or self -insured retentions with respect to City, its officers, employees, agents, and <br />volunteers. The Contract Administrator may condition approval of an increase in <br />deductible or self -insured retention levels with a requirement that Consultant <br />procure a bond, guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses that is satisfactory in all respects to each of <br />them. <br />4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by <br />this section is reduced, limited, or materially affected in any other manner, <br />Consultant shall provide written notice to City at Consultant's earliest possible <br />opportunity and in no case later than five days after Consultant is notified of the <br />change in coverage. <br />4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant's breach: <br />■ Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br />■ Order Consultant to stop work under this Agreement or withhold any payment that <br />becomes due to Consultant hereunder, or both stop work and withhold any payment, <br />until Consultant demonstrates compliance with the requirements hereof; and/or <br />■ Terminate this Agreement. <br />Consulting Services Agreement between <br />City of San Leandro and Architectural Resources Group Page 7 of 14 <br />
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