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Consulting Services Agreement between City of San Leandro and Last revised [07/09/2025] <br />U.S. Bancorp Asset Management, Inc for Investment Management Services Page 8 of 16 <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 additional <br />insureds under its policies or shall furnish separate certificates and certified <br />endorsements for each subcontractor. All coverages for subcontractors shall be <br />subject to all of the requirements stated herein. Consultant shall require <br />subcontractors to obtain an additional insured endorsement to include the City. <br />Consultant shall require and verify that all subcontractors maintain insurance <br />meeting all the requirements stated herein and provide proof of such insurance <br />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 />▪ 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 /> <br />▪ Terminate this Agreement. <br /> <br />5.8 Notice of Claim. Consultant shall immediately notify City of any claim or loss against <br />Consultant arising out of work performed under this Agreement. City assumes no <br />Docusign Envelope ID: 1D6D36AA-4F1E-4C09-A4F6-2607A53277FF