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contained in this Agreement or any other agreement relating to the City or its <br />operations limits the application of such insurance coverage. <br />5. None of the coverages required herein shall be in compliance with these requirements if <br />they include any limiting endorsement of any kind that has not been first submitted to <br />City and approved of in writing. <br />6. No liability policy shall contain any provision or definition that would serve to eliminate <br />so-called "third party action over" claims, including any exclusion for bodily injury to <br />an employee of the insured or of any contractor or subcontractor. <br />7. All coverage types and limits required are subject to approval, modification and <br />additional requirements by the City, as the need arises. Consultant shall not make any <br />reductions in scope of coverage (e.g. elimination of contractual liability or reduction of <br />discovery period) that may affect City's protection without City's prior written consent. <br />8. Proof of compliance with these insurance requirements, consisting of certificates of <br />insurance evidencing all of the coverages required and an additional insured <br />endorsement to Consultant's general liability policy, shall be delivered to City at or <br />prior to the execution of this Agreement. In the event such proof of any insurance is not <br />delivered as required, or in the event such insurance is canceled at any time and no <br />replacement coverage is provided, City has the right, but not the duty, to obtain any <br />insurance it deems necessary to protect its interests under this or any other agreement <br />and to pay the premium. Any premium so paid by City shall be charged to and <br />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 <br />requirements, consisting of certificates of insurance evidencing all of the coverages <br />required and an additional insured endorsement to Consultant's general liability policy, <br />for a period of five years after the 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 <br />certificates to delete any exculpatory wording stating that failure of the insurer to mail <br />written notice of cancellation imposes no obligation, or that any party shall "endeavor" <br />(as opposed to being required) to comply with the requirements of the certificate. <br />Page 13 of 16 <br />REV: 05-07-19 RL <br />