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<br />203193300.19 -36- <br /> <br />performed by Operator and any work performed or conducted by any <br />subcontractor/consultant working for or performing services on behalf of Operator. <br />Operator may delegate the obligation to maintain Errors and Omissions Professional <br />Liability Insurance to an Agent, but the failure of such Agent to maintain such <br />insurance shall not relieve Operator of its obligation to maintain such insurance. <br />17.3.6 Property Insurance. Property Insurance covering Operator’s own business personal <br />property and equipment to be used in performance of this Agreement, materials or <br />property to be purchased and/or installed on behalf of MTC (if any), and builders risk <br />for property in the course of construction (if applicable). Coverage shall be written on <br />a "Special Form" policy that includes theft, but excludes earthquake, with limits at least <br />equal to the replacement cost of the property. Such policy shall contain a Waiver of <br />Subrogation in favor of MTC. <br />17.4 Acceptable Insurers. All policies will be issued by insurers qualified to do business in <br />California and with a Best’s Rating of A-VIII or better. <br />17.5 Self-Insurance. Operator’s obligation hereunder may be satisfied in whole or in part by <br />adequately funded self-insurance, upon evidence of financial capacity satisfactory to MTC. <br />17.6 Deductibles and Retentions. Operator shall be responsible for payment of any deductible <br />or retention on Operator’s policies without right of contribution from MTC. Deductible and retention <br />provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. <br />Any deductible or retention provision limiting payment to the Named Insured is unacceptable. <br />17.7 In the event that MTC is entitled to coverage as an additional insured under any Operator <br />insurance policy that contains a deductible or self-insured retention, Operator shall satisfy such deductible <br />or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or <br />connected with any alleged act of Operator, subconsultant, subcontractor, or any of their employees, <br />officers or directors, even if Operator or subconsultant is not a named defendant in the lawsuit. <br />17.8 Claims Made Coverage. If any insurance specified above is written on a “Claims-Made” <br />(rather than an “occurrence”) basis, then in addition to the coverage requirements above, Operator shall: <br />17.8.1 Ensure that the Retroactive Date is shown on the policy, and such date must be before <br />the date of this Agreement or the beginning of any work under this Agreement; <br />17.8.2 Maintain and provide evidence of similar insurance for at least three (3) years <br />following the expiration or termination of this Agreement, including the requirement of <br />adding all additional insureds; and <br />17.8.3 If insurance is cancelled or non-renewed, and not replaced with another claims-made <br />policy form with a retroactive date prior to the commencement of any work hereunder, <br />Operator shall purchase “extended reporting” coverage for a minimum of three (3) <br />years after the expiration or termination of this Agreement. <br />17.9 Failure to Maintain Insurance. All insurance specified above shall remain in force until the <br />expiration or termination of this Agreement. Operator must notify MTC if any of the above required