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how or by whom the deductible or retention is paid. Any deductible or retention <br />provision limiting payment to the named insured is unacceptable. <br />In the event that any policy contains a deductible or self-insured retention, and in <br />the event that the TA seeks coverage under such policy as an additional insured, <br />Sponsor will ensure that the policy holder satisfies such deductible to the extent of <br />loss covered by such policy for a lawsuit arising from or connected with any <br />alleged act or omission of the Entity or Agents, even if neither the Entity nor <br />Agents are named defendants in the lawsuit. <br />d) Claims Made Coverage. If any insurance specified above is provided on a claim - <br />made basis, then in addition to coverage requirements above, such policy must <br />provide that: <br />i. Policy retroactive date coincides with or precedes the Entity's start of work <br />(including subsequent policies purchased as renewals or replacements). <br />ii. Entity will make every effort to maintain similar insurance for at least <br />three (3) years following Project completion, including the requirement of <br />adding all additional insureds. <br />iii. If insurance is terminated for any reason, each Entity agrees to purchase <br />an extended reporting provision of at least three (3) years to report claims <br />arising from work performed in connection with this Agreement. <br />iv. Policy allows for reporting of circumstances or incidents that might give <br />rise to future claims. <br />e) Failure to Procure Adeauate Insurance. Failure by any Entity to procure <br />sufficient insurance to financially support Section 4.1, Indemnity by Sponsor, of <br />this Agreement does not excuse Sponsor from meeting all obligations of Section <br />4.1 and the remainder of this Agreement, generally. <br />Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon <br />request of the TA, satisfactory evidence of compliance with the insurance requirements <br />of this section. <br />SECTION 5: Miscellaneous <br />5.1 Notices. All notices required or permitted to be given under this Agreement, <br />excluding progress reports, the final report, and invoices, must be in writing and mailed <br />postage prepaid by certified or registered mail, return receipt requested, or by personal <br />delivery or overnight courier, to the appropriate address indicated below or at such other <br />place(s) that either Party may designate in written notice to the other. Notices are <br />deemed received upon delivery if personally served, one (1) business day after mailing if <br />delivered via overnight courier, or two (2) business days after mailing if mailed as <br />provided above. <br />REV: 06-23-17 JS <br />Page 11 of 24 <br />