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<br />Non-Professional Services Agreement between April 16, 2025 <br />City of San Leandro and Bailey Fence Company Inc. Page 10 of 19 <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall <br />be endorsed to state that coverage shall not be canceled by either party, except <br />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. Contractor shall require subcontractors to obtain an <br />additional insured endorsement to include the City. Contractor shall require and <br />verify that all subcontractors maintain insurance meeting all the requirements <br />stated herein and provide proof of such insurance upon request to the City. <br /> <br />4.4.7 Excess Insurance. If Contractor maintains higher insurance limits than the <br />minimum amounts required by this Agreement, City requires and shall be entitled <br />to coverage for the higher limits maintained by Contractor. Any available insurance <br />proceeds in excess of the specified minimum limits of insurance and coverage <br />shall be available to the City. <br /> <br />4.4.8 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverage, 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 /> <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 a re 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 with counsel acceptable to City, City <br />Docusign Envelope ID: 7E68EE88-C43D-4341-995D-BC2B27185894