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insurance is canceled at any time and no replacement coverage is provided, City has the right, <br />but not the duty, to obtain any insurance it deems necessary to protect its interests under this or <br />any other agreement and to pay the premium. Any premium so paid by City shall be charged to <br />and promptly paid by Consultant or deducted from sums due Consultant, at City option. <br />9. Consultant agrees to annually provide proof of compliance with these insurance requirements, <br />consisting of certificates of insurance evidencing all of the coverages required and an additional <br />insured endorsement to Consultant's general liability policy, for a period of five years after the <br />end of the term of this agreement. <br />10. Certificate(s) are to reflect that the insurer shall provide 30 days' notice to City of any <br />cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to <br />delete any exculpatory wording stating that failure of the insurer to mail written notice of <br />cancellation imposes no obligation, or that any party shall "endeavor" (as opposed to being <br />required) to comply with the requirements of the certificate. <br />11. It is acknowledged by the parties of this agreement that all insurance coverage required to be <br />provided by Consultant or any subcontractor, is intended to apply first and on a primary, <br />noncontributing basis in relation to any other insurance or self-insurance available to City. <br />12. Consultant agrees to ensure that subcontractors, and any other party involved with the project <br />who is brought onto or involved in the project by Consultant, provide the same minimum <br />insurance coverage required of Consultant. Consultant agrees to monitor and review all such <br />coverage and assumes all responsibility for ensuring that such coverage is provided in <br />conformity with the requirements of this section. Consultant agrees that upon request, all <br />agreements with subcontractors and others engaged in the project shall be submitted to City for <br />review. <br />13. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any <br />portion of the insurance required herein and further agrees that it shall not allow any contractor, <br />subcontractor, Architect, Engineer or other entity or person in any way involved in the <br />performance of work on the project contemplated by this agreement to self -insure its obligations <br />to City. If Consultant's existing coverage includes a deductible or self-insured retention, the <br />deductible or self-insured retention must be declared to the City. At that time the City shall <br />review options with the Consultant, which may include reduction or elimination of the <br />deductible or self-insured retention, substitution of other coverage, or other solutions. <br />14. The City reserves the right at any time during the term of the contract to change the amounts <br />and types of insurance required by giving the Consultant ninety (90) days advance written notice <br />of such change. If such change results in substantial additional cost to the Consultant, the City <br />shall negotiate additional compensation proportional to the increased benefit to City. <br />15. For purposes of applying insurance coverage only, this Agreement will be deemed to have been <br />executed immediately upon any party hereto taking any steps that can be deemed to be in <br />furtherance of or towards performance of this Agreement. <br />ATTY/AGR/2018.020/CSG <br />REV: 02-05-18 RL <br />Page 18 of 19 <br />