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EXHIBIT "D" <br />SECTION 9 SEVERABILITY <br />9.1 If any term or provision of this Agreement or its application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this <br />Agreement or the application of such terms or provisions to persons or circumstances other <br />than those to which it is held invalid or unenforceable, shall not be affected, and every <br />other term and provision of this Agreement shall be deemed valid and enforceable to the <br />extent permitted by law. <br />SECTION 10 INSURANCE <br />10.1 In addition to the insurance requirements set forth in Section 15 of the Continuing Services <br />Agreement dated , Consultant agrees to maintain, on a primary non- <br />contributory basis and at its sole expense, at all times during the life of this Agreement, the <br />following insurance coverages, limits, including endorsements described herein. The <br />requirements contained herein, as well as City's review or acceptance of insurance <br />maintained by Consultant is not intended to and shall not in any manner limit or qualify <br />the liabilities or obligations assumed by Consultant under this Agreement. Any coverage <br />maintained by the City shall apply excess of, or contingent upon the absence of, other <br />insurance required or maintained by Consultant: <br />[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] <br />Authorized City Representative's Initials: Authorized Consultant Representative's Initials: <br />37 4;Z� <br />