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<br />Consulting Services Agreement between City of San Leandro and Last revised [07/23/2025] <br />A. Maze Inc for Equipment Maintenance Fund Analysis Page 8 of 16 <br />satisfactory to the City guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br /> <br />5.5.4 Wasting Policies. No policy required by this Section 5 shall include a “wasting” <br />policy limit (i.e. limit that is eroded by the cost of defense). <br /> <br />5.5.5 Endorsement Requirements. Each insurance policy required by Section 5 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. The full coverage <br />and the full policy limits available to Consultant as named insured shall also be <br />available and applicable to the additional insured by applicable endorsements. <br /> <br />5.5.6 Subcontractors. Consultant 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. Consultant shall require subcontractors to obtain an <br />additional insured endorsement to include the City. Consultant 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 />5.5.7 Excess Insurance. If Consultant 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 Consultant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to the City. <br /> <br />5.5.8 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 />5.6 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 5 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 management program. <br /> <br />5.7 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 /> <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 />Docusign Envelope ID: 88C2BEB5-40F1-4F4C-82CF-BC58705F30CC