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51062.00005\41156529.1 <br />CITY OF REDWOOD CITY, CA – TECHNOLOGY SERVICE AGREEMENT <br />AGENCYCOUNTER FROM BUILDINGEYE, INC. <br />ACT Service Agreement XXII <br />REV: 02-06-24 SK <br />E. ACCEPTABILITY OF INSURERS <br />Insurance is to be placed with insurers with a current A.M. Best’s <br />rating of no less than A:VII. <br />F. CROSS-LIABILITY <br />The Liability policy shall include a cross-liability or severability of <br />interest endorsement. <br />G. FAILURE TO MAINTAIN INSURANCE COVERAGE <br />If Consultant, for any reason, fails to maintain insurance coverage, <br />which is required pursuant to this agreement, the same shall be <br />deemed a material breach of contract. the Agency, at its sole option, <br />may terminate this agreement and obtain damages from the <br />Consultant resulting from said breach. Alternatively, the Agency may <br />purchase such required insurance coverage, and with notice to <br />Consultant, the Agency may deduct from sums due to Consultant <br />any premium costs advanced by the Agency for such insurance. <br />H. PRIMARY AND NON-CONTRIBUTORY <br />For any claims related to this project, the Consultant’s insurance <br />coverage shall be primary insurance as respects the Agency, its <br />officers, officials, employees, agents and volunteers. Any insurance or <br />self-insurance maintained by the Agency, its officers, officials, <br />employees, agents or volunteers shall be excess of the Consultant’s <br />insurance and shall not contribute with it. <br />I. SUBCONTRACTORS <br />Consultant shall require all subconsultants to maintain the same <br />levels of insurance and provide the same indemnity that the <br />Consultant is required to provide under this Agreement. A <br />subconsultant is anyone who is under contract with the Consultant <br />or any of its subconsultants to perform work contemplated by this <br />Agreement. The Consultant shall require all subconsultants to provide <br />evidence of valid insurance and the required endorsements prior to <br />the commencement of any work. <br />J. SUBROGATION WAIVER <br />Consultant agrees to waive subrogation rights against the Agency <br />regardless of the applicability of any insurance proceeds, and to <br />require all Consultants, subcontractors or others involved in any way <br />with the services to do likewise. <br />K. VERIFICATION OF COVERAGE <br />Consultant shall furnish the Agency with original endorsements <br />effecting coverage required by this clause. The endorsements are to be <br />signed by a person authorized by that insurer to bind coverage on its <br />behalf. All endorsements are to be received and approved by the <br />Agency before the services commence. <br />ATTY/AGR.2024.012/Buildingeye (AgencyCounter Service Agreement) (Page 26 of 26)