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Exhibit C <br />Insurance <br />General <br />a. The Artist shall procure and maintain for the duration of this Agreement, at the Artist's <br />expense, insurance in the kinds and amounts as provided in this Exhibit with insurance <br />companies authorized to do business in San Francisco, CA. Such insurance shall cover <br />the Artist's agents, contractors, subcontractors or employees. The City, its officials, <br />employees, agents and contractors shall be named as additional insured. The coverage <br />shall contain no special limitations on the scope of protection afforded to the City, its <br />officials, employees, agents and contractors. <br />b. The Artist and the Artist's subcontractors' insurance coverage shall be the primary <br />insurance as respects the City, its officials, employees, agents and contractors. Any <br />insurance or self-insurance maintained by the City, its officials, employees, agents and <br />contractors shall be in excess of the Artist's or the Artist's subcontractor's insurance <br />and shall not contribute to the Artist's or the Artist's subcontractor's insurance. The <br />coverage shall state that the Artist's or the Artist's subcontractor's insurance shall <br />apply separately to each insured against whom a claim is made or suit is brought, except <br />with respect to the limits of the insurer's liability. <br />c. Prior to undertaking any work under this Agreement, the Artist, at no expense to the <br />City, shall furnish to the City a certificate of insurance with original endorsements <br />affecting coverage for each of the insurance policies provided in this Exhibit. The <br />certificates and endorsements for each insurance policy are to be signed by a person <br />authorized by that insurer to bind coverage on its behalf. The certificates must be <br />current and the Artist must submit replacement or renewal certificates of insurance for <br />all the policies expiring during the term of this Agreement. Each certificate shall clearly <br />indicate that the Artist has obtained insurance in the type, amount and classification as <br />specified in this Exhibit and that no material changes, cancellation, suspension or <br />reduction in limits of insurance shall be effective except after 30 days prior written <br />notice to the City. Each certificate shall indicate that the subcontractors are additional <br />insureds or the Artist shall furnish separate certificates for each subcontractor. All <br />coverages for subcontractors shall be subject to all of the requirements stated in this <br />Agreement, including, but not limited to, naming the parties as additional insured. <br />d. Subcontractor's Insurance: Artist shall require and verify that all subcontractors <br />performing work under this Agreement maintain insurance meeting all of the <br />requirements in this Exhibit. Artist shall further ensure that City is an additional insured <br />on insurance required from subcontractors. In addition to all of the insurance <br />requirements specified in this Exhibit, any subcontractor providing engineering <br />services shall be required to provide Errors and Omissions Liability insurance, as more <br />particularly set forth below. If any subcontractor's coverage does not comply with the <br />requirements set forth herein, Artist shall defend and indemnify the City from any <br />damage, loss, cost, or expense, including attorneys' fees, incurred by the City as a result <br />of subcontractor's failure to maintain required coverage: <br />1. Errors and Omissions Liability. Errors and Omissions Liability insurance <br />with minimum coverage limits of $1,000,000.00 each occurrence. Artist <br />acknowledges that the City is relying on the competence of the Artist to <br />design the project to meet its functional intent. If it is determined during <br />construction of the project that changes must be made due to Artist's <br />negligent errors and omissions, Artist shall promptly rectify them at no cost <br />15 <br />