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<br />203215669.16 12 <br />deductible or retention is paid. Any deductible or retention provision limiting payment to the <br />Named Insured is unacceptable. <br />7.7 In the event that MTC is entitled to coverage as an additional insured under any <br />Operator insurance policy that contains a deductible or self-insured retention, Operator shall <br />satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for <br />any lawsuit arising from or connected with any alleged act of Operator, subconsultant, <br />subcontractor, or any of their employees, officers or directors, even if Operator or subconsultant <br />is not a named defendant in the lawsuit. <br />7.8 Claims Made Coverage. If any insurance specified above is written on a “Claims- <br />Made” (rather than an “occurrence”) basis, then in addition to the coverage requirements above, <br />Operator shall: <br />7.8.1 Ensure that the Retroactive Date is shown on the policy, and such date <br />must be before the date of this Continuation Agreement or the beginning of any work under this <br />Continuation Agreement; <br />7.8.2 Maintain and provide evidence of similar insurance for at least three (3) <br />years following the expiration or termination of this Continuation Agreement, including the <br />requirement of adding all additional insureds; and <br />7.8.3 If insurance is cancelled or non-renewed, and not replaced with another <br />claims-made policy form with a retroactive date to Effective Date, Operator shall purchase <br />“extended reporting” coverage for a minimum of three (3) years after the expiration or <br />termination of this Continuation Agreement. <br />7.9 Failure to Maintain Insurance. All insurance specified above shall remain in force <br />until the expiration or termination of this Continuation Agreement. Operator must notify MTC if <br />any of the above required coverages are non-renewed or cancelled. The failure to procure or <br />maintain required insurance and/or an adequately funded self-insurance program will constitute a <br />material breach of this Continuation Agreement. <br />7.10 Certificates of Insurance. On the Effective Date, Operator shall deliver to MTC <br />Certificates of Insurance verifying the aforementioned coverages. Such certificates shall make <br />reference to all provisions and endorsements referred to above and shall be signed on behalf of <br />the insurer by an authorized representative thereof. <br />7.11 Disclaimer. The foregoing requirements as to the types and limits of insurance <br />coverage to be maintained by Operator are not intended to and shall not in any manner limit or <br />qualify the liabilities and obligations otherwise assumed by Operator pursuant hereto, including, <br />but not limited to, liability assumed pursuant to Article VIII. <br />7.12 Additional Insureds. The following entities are to be named as Additional <br />Insureds under applicable sections of this Article VII and as Indemnified Parties pursuant to <br />Article VIII of this Continuation Agreement. <br />7.12.1 Metropolitan Transportation Commission (MTC)