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to this Agreement, insurance of the types and in the amounts described below ("Required
<br />Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance
<br />shall apply separately to this Agreement or be no less than two times the specified occurrence
<br />limit.
<br />17.1.1 General Liability. Developer and its contractors shall procure and
<br />maintain occurrence version general liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and
<br />property damage.
<br />17.1.2 Business Automobile Liability. Developer and its contractors shall
<br />procure and maintain business automobile liability insurance, or equivalent form, with a
<br />combined single limit of not less than $I,000,000 per occurrence. Such insurance shall include
<br />coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle
<br />owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
<br />17.1.3 Workers' Compensation. Developer and its contractors shall
<br />procure and maintain workers' compensation insurance with limits as required by the Labor
<br />Code of the State of California and employers' liability insurance with limits of not less than
<br />$1,000,000 per occurrence, at all times during which insured retains employees.
<br />17.1.4 Professional Liability. For any consultant or other professional
<br />who will engineer or design the Public Improvements, liability insurance for errors and
<br />omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained
<br />for a period of five (5) years following completion of the Public Improvements. Such insurance
<br />shall be endorsed to include contractual liability.
<br />17.2 Deductibles. Any deductibles or self-insured retentions must be declared
<br />to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
<br />such deductibles or self-insured retentions as respects City, its elected officials, officers,
<br />employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial
<br />guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
<br />claims, and administrative and defense expenses.
<br />17.3 Additional Insured; Separation of Insureds. The Required Insurance shall
<br />name City, its elected officials, officers, employees, agents, and volunteers as additional insureds
<br />with respect to work performed by or on behalf of Developer or its contractors, including
<br />materials, parts, or equipment furnished in connection therewith. The Required Insurance shall
<br />contain standard separation of insureds provisions, and shall contain no special limitations on the
<br />scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
<br />17.4 Primary Insurance, Waiver of Subrogation._ The Required Insurance shall
<br />be primary with respect to any insurance or self-insurance programs covering City, its elected
<br />officials, officers, employees, agents, and volunteers. All policies for the Required Insurance
<br />shall provide that the insurance company waives all right of recovery by way of subrogation
<br />against City in connection with any damage or harm covered by such policy.
<br />CADocuments and Scttings�inareo.inartinez\I.ocaI SettingsUcmporary Internet Files\OI.K207\HK90l 1. DOC 10
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