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<br />Page 5 of 7 <br />least 30 days prior to the effective date of the cancellation, except that in the case of cancellation <br />for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to <br />the effective date of the cancellation. Notice shall be sent by certified mail, return receipt <br />requested. In addition, the insured shall provide thirty (30) days prior written notice to the City <br />of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance <br />coverage required by this agreement. The City reserves the right to require complete certified <br />copies of policies. <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br />against the City, its officers, employees and agents. <br /> <br /> g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, <br />with defense costs payable in addition to policy limits. There shall be no cross liability <br />exclusions. <br /> <br /> h. Subconsultants. Consultant shall include all subconsultants as insured under <br />its polices or shall furnish separate certificates and endorsements for each subconsultant. All <br />coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, <br />including but not limited naming additional insureds. <br /> <br /> 15. Notices. All notices herein required shall be in writing and shall be sent by certified <br />or registered mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: Swinerton Management & Consulting To City: <br /> 2001 Clayton Road, 7th Floor City Manager <br /> Concord, CA 94520 City of Pleasanton <br /> Attn: Bob Addiego P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br /> 16. Conformance to Applicable Laws. Consultant shall comply with all applicable <br />Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in <br />the employment of persons or in the provision of services under this Agreement on the basis of <br />any legally protected classification, including race, color, national origin, ancestry, sex or <br />religion of such person. <br /> <br />17. Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of <br />this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br />Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in <br />effect during the term of this Agreement. Consultant represents that its work will not unlawfully <br />infringe any other copyrighted work. Consultant covenants that it has obtained all certificates, <br />licenses, permits and the like required to perform the services under this Agreement. <br /> <br /> 18. Records and Audits. Consultant shall maintain all records regarding this <br />Agreement and the services performed for a period of three years from the date that final <br />payment is made. At any time during normal business hours, the records shall be made available <br />to the City to inspect and audit. <br /> <br />DocuSign Envelope ID: E98D18FD-044F-4EAC-A836-347C5592F316