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REV: 05-05-23 JB <br />In the event that any policy contains a deductible or self-insured retention, and in <br />the event that the TA seeks coverage under such policy as an additional insured, <br />Sponsor will ensure that the policy holder satisfies such deductible to the extent of <br />loss covered by such policy for a lawsuit arising from or connected with any alleged <br />act or omission of the Entity or Agents, even if neither the Entity nor Agents are <br />named defendants in the lawsuit. <br />d) Claims Made Coverage. If any insurance specified above is provided on a claim- <br />made basis, then in addition to coverage requirements above, such policy must <br />provide that: <br />i. Policy retroactive date coincides with or precedes the Entity’s start of <br />work (including subsequent policies purchased as renewals or <br />replacements). <br />ii. Entity will make every effort to maintain similar insurance for at least <br />three (3) years following Project completion, including the requirement <br />of adding all additional insureds. <br />iii. If insurance is terminated for any reason, each Entity agrees to purchase <br />an extended reporting provision of at least three (3) years to report <br />claims arising from work performed in connection with this Agreement. <br />iv. Policy allows for reporting of circumstances or incidents that might give <br />rise to future claims. <br />e) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient <br />insurance to financially support Section 4.1, Indemnity by Sponsor, of this <br />Agreement does not excuse Sponsor from meeting all obligations of Section 4.1 <br />and the remainder of this Agreement, generally. <br />Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon <br />request of the TA, satisfactory evidence of compliance with the insurance requirements of <br />this section. <br />SECTION 5: Miscellaneous <br />5.1 Notices. All notices required or permitted to be given under this Agreement, excluding <br />progress reports, the final report, and invoices, must be in writing and mailed postage <br />prepaid by certified or registered mail, return receipt requested, or by personal delivery or <br />overnight courier, to the appropriate address indicated below or at such other place(s) that <br />either Party may designate in written notice to the other. Notices are deemed received upon <br />delivery if personally served, one (1) day after mailing if delivered via overnight courier, <br />or two (2) days after mailing if mailed as provided above. <br />To TA:San Mateo County Transportation Authority <br />1250 San Carlos Avenue <br />P.O. Box 3006 <br />San Carlos, CA 94070-1306 <br />Attn: Dora Seamans <br /> District/TA Secretary <br />ATTY/AGR.2023.105/San Mateo County Transportation Authority (Redwood Ave Ped Improvements) (Page 10 of 25)