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commissions, employees, and agents, as additional insureds; and <br /> <br /> (d) Providing that Consultant's insurance coverage shall be primary <br /> <br /> insurance with respect to City, its Council, officers, boards, commissions, <br /> employees, and agents, and any insurance or self-insurance maintained by City <br /> for itself, its Council, officers, boards, commissions, employees, or agents shall <br /> be in excess of Consultant's insurance and not contributory with it. <br /> <br /> 13. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that <br />Consultant has not employed or retained any company or person, other than a bona fide <br />employee working for Consultant, to solicit or secure this Agreement, and Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any fee, <br />commission, percentage, brokerage fee, gift, or any other consideration contingent upon or <br />resulting from the award or formation of this Agreement. For breach or violation of this <br />warranty, City shall have the right to annul this Agreement without liability, or at City's <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full <br />amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. <br /> <br /> 14. NOTICES. Written notices required or convenient hereunder shall be delivered <br />personally or by depositing the same with the United States Postal Service, first class (or <br />equivalent) postage prepaid and addressed, in the case of <br /> <br />Consultant to: <br /> Smith-Emery Company <br /> Hunters Point Shipyard, Bldg. 114 <br /> P.O. Box 880550 <br /> San Francisco, CA 94188 <br /> <br />and in the case of City, to: <br /> <br /> City Manager <br /> City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> <br />Agmt-491 6 <br />F:\Shared\Redwood\Cou ncil <br />FXS:ss <br />06/15/01 <br /> <br /> <br />