Agmt16 San Mateo County Transportation Authority (TA) 101 Undercrossing

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In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit. d) Claims Made Coverage. If any insurance specified above is provided on a claim- made basis, then in addition to coverage requirements above, such policy must provide that: i. Policy retroactive date coincides with or precedes the Entity's start of work (including subsequent policies purchased as renewals or replacements). ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds. iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims. e) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support Section 4. 1, Indemnity by Sponsor, of this Agreement does not excuse Sponsor from meeting all obligations of Section 4. 1 and the remainder of this Agreement, generally. Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this section. SECTION 5 : Miscellaneous 5 . 1 Notices. All notices required or permitted to be given under this Agreement, excluding progress reports, the final report, and invoices, must be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery or overnight courier to the appropriate address indicated below or at such other place(s) that either Party may designate in written notice to the other. Notices are deemed received upon delivery if personally served, one (1 ) day after mailing if delivered via overnight courier, or two (2) days after mailing if mailed as provided above. To TA: San Mateo County Transportation Authority 1250 San Carlos Avenue P.O. Box 3006 San Carlos, CA 94070-1306 Attn: AUTHORITY SECRETARY San Mateo County Transportation Authority/City of Redwood City Highway 101 Undercrossing Project 12495786. 1 May 28, 2014 boilerplate 9 REV: 08-09-16 VR ATTY/AGR.2016.210/SMCTA — 101 Undercrossing Measure A grant