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insured and must include a provision establishing the insurer's duty to defend. The policy <br />retroactive date shall be on or before the effective date of this agreement. <br />btsurance procured pansitant to these requirements shall be written by insurers that are admitted <br />carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum <br />financial size VII. <br />General conditions pertaining to provision of insurance coverage by Consultant. Consultant and <br />City agree to the following with respect to insurance provided by Consultant. <br />I. Consultant agrees to have its insurer endorse the third party general liability coverage required <br />herein to include as additional insureds the City, its officers, elected officials, employees, agents, <br />and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If <br />completed operations coverage is excluded, the policy must be endorsed to include such <br />coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. <br />2. No liability insurance coverage provided to comply with this Agreement shall prohibit <br />Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to <br />a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability <br />of any insurance proceeds, and to require all contractors and subcontractors to do likewise. <br />3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance <br />company, in its endorsement, agrees to waive all rights of subrogation against the City, its <br />officers, elected officials, employees, agents, and volunteers for losses paid under the terms of <br />this policy which arise from the work performed by the named insured for the City. <br />4. All insurance coverage and limits provided by Contractor and available or applicable to this <br />agreement are intended to apply to the full extent of the policies. Nothing contained in this <br />Agreement or any other agreement relating to the City or its operations limits the application of <br />such insurance coverage. <br />5. None of the coverages required herein shall be in compliance with these requirements if they <br />include any limiting endorsement of any kind that has not been first submitted to City and <br />approved of in writing. <br />6. No liability policy shall contain any provision or definition that would serve to eliminate so- <br />called "third party action over" claims, including any exclusion for bodily injury to an employee <br />of the insured or of any contractor or subcontractor. <br />7. All coverage types and limits required are subject to approval, modification and additional <br />requirements by the City, as the need arises. Consultant shall not make any reductions in scope <br />of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may <br />affect City's protection without City's prior written consent. <br />8. Proof of compliance with these insurance requirements, consisting of certificates of insurance <br />evidencing all of the coverages required and an additional insured endorsement to Consultant's <br />general liability policy, shall be delivered to City at or prior to the execution of this Agreement. <br />In the event such proof of any insurance is not delivered as required, or in the event such <br />ATTY/AGR/2018. 018/1 NTE RW EST <br />REV: 02-05-18 RL <br />Page 17 of 19 <br />