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16. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to <br />inform Consultant of non-compliance with any insurance requirement in no way imposes any <br />additional obligations on City nor does it waive any rights hereunder in this or any other <br />regard. <br />17. Consultant shall renew the required coverage annually as long as City, or its employees or <br />agents face an exposure from operations of any type pursuant to this agreement. This <br />obligation applies whether or not the agreement is canceled or terminated for any reason. <br />Termination of this obligation is not effective until City executes a written statement to that <br />effect. <br />18. Consultant shall provide proof that policies of insurance required herein expiring during the <br />term of this Agreement have been renewed or replaced with other policies providing at least <br />the same coverage. Proof that such coverage has been ordered shall be submitted prior to <br />expiration. A coverage binder or letter from Consultant's insurance agent to this effect is <br />acceptable. A certificate of insurance and/or additional insured endorsement as required in <br />these specifications applicable to the renewing or new coverage must be provided to City <br />within five days of the expiration of the coverages. <br />19. The provisions of any workers' compensation or similar act shall not limit the obligations of <br />Consultant under this agreement. Consultant expressly agrees not to use any statutory <br />immunity defenses under such laws with respect to City, its officers, elected officials, <br />employees, agents, and volunteers. <br />20. Requirements of specific coverage features or limits contained in this section are not intended <br />as limitations on coverage, limits or other requirements nor as a waiver of any coverage <br />normally provided by any given policy. Specific reference to a given coverage feature is for <br />purposes of clarification only as it pertains to a given issue, and is not intended by any party or <br />insured to be limiting or all-inclusive. <br />21. These insurance requirements are intended to be separate and distinct from any other provision <br />in this agreement and are intended by the parties here to be interpreted as such. <br />22. The requirements in this Section supersede all other sections and provisions of this Agreement <br />to the extent that any other section or provision conflicts with or impairs the provisions of this <br />Section. <br />23. Consultant agrees to be responsible for ensuring that no contract used by any party involved in <br />any way with the project reserves the right to charge City or Consultant for the cost of <br />additional insurance coverage required by this agreement. Any such provisions are to be <br />deleted with reference to City. It is not the intent of City to reimburse any third party for the <br />cost of complying with these requirements. There shall be no recourse against City for payment <br />of premiums or other amounts with respect thereto. <br />24. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant <br />arising out of the work performed under this agreement. City assumes no obligation or liability <br />by such notice, but has the right (but not the duty) to monitor the handling of any such claim or <br />claims if they are likely to involve City. <br />Page 11 of 11 <br />REV: 05-07-19 RL <br />ATTY/AGR.Amend No. 1/CSG <br />