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Code, and I will comply with such provisions before commencing the <br />performance of the work of this Contract." <br />d. Certificate of Insurance. Contractor shall file a certificate of <br />insurance with the City prior to the City's execution of this Agreement, <br />and prior to engaging in any services set forth in this Agreement. The <br />Certificate of Insurance shall provide in writing that the insurance <br />afforded by this Certificate shall not be suspended, voided, canceled, <br />reduced in coverage or in limits without providing notice to the City in <br />accordance with California Insurance Code section 677.2 which <br />requires the notice of cancellation to: 1) include the effective date of the <br />cancellation; 2) include the reasons for the cancellation; and 3) be given <br />at least 30 days prior to the effective date of the cancellation, except <br />that in the case of cancellation for nonpayment of premiums or for <br />fraud, the notice shall be given no less than 10 days prior to the <br />effective date of the cancellation. Notice shall be sent by certified mail, <br />return receipt requested. In addition, the insured shall provide thirty <br />(30) days prior written notice to the City of any cancellation, <br />suspension, reduction of coverage or in limits, or voiding of the <br />insurance coverage required by this agreement. The City reserves the <br />right to require complete certified copies of policies. <br />e. Subcontractors. Contractor shall include all subcontractors as insured <br />under its policies or shall furnish separate certificates and endorsements <br />for each subcontractor. All coverages for subcontractors shall be <br />subject to all of the requirements stated in this Agreement, including <br />but not limited to naming additional insureds. <br />f. Waiver of Subrngation. The insurer agrees to waive all rights of <br />subrogation against the City, its officers, employees, and agents. <br />g. Defense Costs. Coverage shall be provided on a "pay on behalf of' <br />basis, with defense costs payable in addition to policy limits. There <br />shall be no cross liability exclusions. <br />6. Independent Contractor. The Contractor is an independent contractor <br />retained by the City. All personnel employed by the Contractor, including <br />subcontractors and personnel of subcontractors, are not and shall not be <br />employees of the City. <br />7. Contractor's Warranty. Contractor shall bear the risk of loss or damage to <br />any goods associated with the services until delivered to and accepted by the <br />City. Contractor further warrants that all services provided under this <br />Agreement shall: a) meet all conditions of the Agreement; b) shall be free from <br />all defects; and 3) shall be fit for the purposes intended. If any defects occur <br />within the 12 months following acceptance, Contractor shall be solely <br />responsible for the correction of those defects. <br />Docusign Envelope ID: B1A2B84F-219F-40B7-B41B-2FF5FEF8647B