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<br />Non-Professional Services Agreement between <br />City of San Leandro and Control Air Enterprises, LLC Page 8 of 16 <br />4.4.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and <br />obtain the written approval of City for the self-insured retentions and deductibles <br />before beginning any of the services or work called for by any term of this <br />Agreement. At the option of the City, either: the insurer shall reduce or eliminate <br />such deductibles or self-insured retentions as respects the City, its officers, <br />employees, and volunteers; or the Contractor shall provide a financial guarantee <br />satisfactory to the City guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br /> <br />4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” <br />policy limit (i.e. limit that is eroded by the cost of defense). <br /> <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section <br />4 shall be endorsed to state that coverage shall not be canceled by either party, <br />except after 30 days’ prior written notice has been provided to the City. <br /> <br />4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and certified endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br /> <br />4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 4 must be electronically <br />submitted through the City’s online insurance document management program. Contractor <br />shall comply with all requirements provided by City related to the online insurance <br />document program. <br /> <br />4.6 Remedies. In addition to any other remedies City may have if Contractor 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 />Contractor’s breach: <br /> <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 /> <br /> Order Contractor to stop work under this Agreement or withhold any payment that <br />becomes due to Contractor hereunder, or both stop work and withhold any payment, <br />until Contractor demonstrates compliance with the requirements hereof; and/or <br /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall <br />indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, <br />employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, <br />and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, <br />Docusign Envelope ID: D9C5532D-8319-4EDF-AF17-B44108381EC6