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City of Tracy - PW 209-881-4472 10/12/01 7P P.004 City of Tracy and Georgia Pacific Corporation Indemnity Agreement Page 4 43 All insurance companies affording coverage to G-P 's consultants and contractors shall be required to add the City of Tracy as "insured" under the insurance policy for all work performed in accordance with this Agreement. 4.4 All insurance companies affording coverage to G-P's consultants and contractors shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. 4.5 All insurance companies affording coverage shall provide thirty (30) day written notice to the City of Tracy should the policy be canceled before the expiration date. For the purposes of this notice requirement,any material chance in the policy prior to the expiration shall be considered a cancellation. 4.6 G-P's consultants and contractors shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City Attorney,concurrently with the submittal of this Agreement. 4.7 G-P's consultants and contractors shall provide a substitute certificate of insurance no later than thirty(30)days prior to the policy expiration date. Failure by G-P's consultants and contractors to provide such a substitution and extend the policy expiration date shall be considered a default by G-P's consultants and contractors and may subject G-P to a suspension or termination of work under the Agreement 4.8 Maintenance of insurance by G-P's consultants and contractors as specified in this Agreement shall in no way be interpreted as relieving G-P's consultants and contractors of any responsibility whatever and G-P's consultants and contractors may carry, at its own expense, such additional insurance as it deems necessary. S. CONSIDERATION In exchange for the use of the City Basin, G-P shall ensure that the shallow groundwater in the vicinity of the City facilities at 75 West Valpico Road is remediated in accordance with all RWQCB requirements. GP shall maintain the City detention basin to ensure that weeds are controlled and no debris collects in the basin. 6. STATUS G-P shall have no authority,express or implied,to act on behalf of the CITY as an agent,or to bind the CITY to any obligation whatsoever. G-P shall be solely responsible for the performance of any of its employees,agents,or subcontractors under this Agreement.