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15
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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092110
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15
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9/15/2010 12:38:15 PM
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9/15/2010 12:34:51 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/21/2010
DESTRUCT DATE
15Y
DOCUMENT NO
15
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damage to the Project, in an amount at least equal to the then Outstanding principal amount of <br />the Bonds. Such insurance shall, as nearly as practicable, cover loss or damage by explosion, <br />windstorm, riot, aircraft, vehicle damage, smoke, fire, lightning, vandalism, malicious mischief <br />and such other hazards as are normally covered by such insurance with extended coverage. Such <br />insurance shall not cover loss or damage by seismic activity. Such insurance shall be subject to <br />such deductibles as are customarily maintained by public agencies with respect to works and <br />properties of a like character, but in any case shall not exceed One Hundred Thousand Dollars <br />($100,000). Such insurance may be maintained as part of or in conjunction with any other <br />insurance coverage carried by the Authority, and may be maintained in whole or in part in the <br />form of the participation by the Authority in a joint powers authority or other program providing <br />pooled insurance; provided that such insurance may not be maintained by the Authority in the <br />form of' self - insurance. The Net Proceeds of such insurance shall be applied as provided in the <br />Trust Agreement. <br />(b) The Authority shall maintain or cause to be maintained throughout the term of <br />this Operating Agreement, a standard comprehensive general insurance policy or policies in <br />protection of the Authority, the Users, and their respective members, officers, agents, employees, <br />designated volunteers and assigns. Said policy or policies shall provide for indemnification of <br />said parties against direct or contingent loss or liability for damages for bodily and personal <br />injury, death or property damage occasioned by reason of the operation of the Project as required <br />by the JPA Agreement. Such policy or policies shall provide coverage in such liability limits <br />and be subject to such deductibles as the Authority shall deem adequate and prudent. Such <br />insurance may be maintained as part of or in conjunction with any other insurance coverage <br />carried by the Authority, and may be maintained in whole or in part in the form of self - insurance <br />by the Authority, subject to the provisions of (e) below, or in the form of the participation by the <br />Authority in a joint powers authority or other program providing pooled insurance. The <br />proceeds of such liability insurance shall be applied by the Authority toward extinguishment or <br />satisfaction of the liability with respect to which paid. <br />(c) The Authority will procure and maintain, or cause to be procured and maintained, <br />workers' compensation insurance against liability for compensation under the Workers' <br />Compensation Insurance and Safety Act of California, or any act hereafter enacted as an <br />amendment or supplement or in lieu thereof, such insurance to cover all persons employed by the <br />Authority in connection with the operation of the Project; provided that such insurance may be <br />effected under a legal self - insurance program <br />(d) The Authority shall procure and maintain, or cause to be procured and <br />maintained, throughout the term of this Operating Agreement, business interruption or use and <br />occupancy insurance to cover loss, total or partial, of the use of the Project and the service <br />provided thereby as a result of any of the hazards covered in the insurance required by this <br />Section 4.10, in an amount at least equal to the maximum Debt Service coming due and payable <br />in any two (2) consecutive years. Such insurance may be maintained as part of or in conjunction <br />with any other insurance coverage carried by the Authority, and may be maintained in whole or <br />in part in the form of participation in a joint powers authority or other program providing pooled <br />insurance; provided that such insurance may not be maintained by the Authority in the form of <br />self - insurance. The Net Proceeds of such insurance, if any, shall be paid to the Trustee and <br />Project Operating Agreement 090910 <br />- 12 - <br />
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