Agmt22 Association of Bay Area Gov. (ABAG)

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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 ABAG/City Innovate PROVIDER Bench Management Software Page 24 subcontractor/PROVIDER shall relieve PROVIDER of the responsibility for providing this Errors & Omissions or Professional Liability coverage for all work performed by PROVIDER and any subcontractor/PROVIDER working on behalf of PROVIDER on the project. B. Acceptable Insurers. All policies will be issued by insurers, generally with a Best’s Rating of A- or better with a Financial Size Category of VII or better, or an A rating from a comparable rating service.. C. Self-Insurance. PROVIDER’s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance, upon evidence of financial capacity satisfactory to ABAG. D. Deductibles and Retentions. PROVIDER shall be responsible for payment of any deductible or retention on PROVIDER’s policies without right of contribution from ABAG. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the Named Insured is unacceptable. In the event that ABAG seeks coverage as an additional insured under any PROVIDER insurance policy that contains a deductible or self-insured retention, PROVIDER shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or connected with any alleged act of PROVIDER, subprovider, subcontractor, or any of their employees, officers or directors, even if PROVIDER or subprovider is not a named defendant in the lawsuit. E. Claims Made Coverage. If any insurance specified above is written on a “Claims- Made” (rather than an “occurrence”) basis, then in addition to the coverage requirements above, PROVIDER shall: (1) Ensure that the Retroactive Date is shown on the policy, and such date must be before the date of this Agreement or the beginning of any work under this Agreement; (2) Maintain and provide evidence of similar insurance for at least three (3) years following project completion, including the requirement of adding all additional insureds; and (3) If insurance is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, PROVIDER shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work. F. Failure to Maintain Insurance. All insurance specified above shall remain in force until all work or services to be performed are satisfactorily completed, all of PROVIDER’s personnel, subproviderss, subcontractors, and equipment have been removed from ABAG’s DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575