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expense, and Developer shall promptly reimburse City for such expense upon receipt of billing <br /> from City. <br /> (I) Coverage provided by Developer and Developer's contractors shall be <br /> primary insurance and shall not be contributing with any insurance, or self-insurance maintained <br /> by City, and the policies shall so provide. The insurance policies shall contain a waiver of <br /> subrogation for the benefit of the City. Developer shall furnish the required certificates and <br /> endorsements to City prior to the commencement of construction of the Project, and shall <br /> provide City with certified copies of the required insurance policies upon request of City. <br /> 0) Deductibles/Retentions. Any deductibles or self-insured retentions shall <br /> be declared to, and be subject to approval by, City's Risk Manager. At the option of and upon <br /> request by City's Risk Manager if the Risk Manager determines that such deductibles or <br /> retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or <br /> self-insurance retentions as respects the lndemnitees or Developer shall procure a bond <br /> guaranteeing payment of losses and related investigations, claims administration and defense <br /> expenses. <br /> (k) Adjustments. The limits of the liability coverage and, if necessary, the <br /> terms and conditions of insurance, shall be reasonably adjusted from time to time (not less than <br /> every five (5) years after the Effective Date nor more than once in every three (3) year period) to <br /> address changes in circumstances, including, but not limited to, changes in inflation and the <br /> litigation climate in California. Within thirty(30) days following City's delivery of written <br /> notice of any such adjustments, Developer shall provide City with amended or new insurance <br /> certificates and endorsements evidencing compliance with such adjustments. <br /> (I) Additional Insured. For all liability insurance required by this Agreement, <br /> Owner(and Owner's contractors, as applicable) shall obtain endorsements that name the <br /> Indemnitees as additional insured in the full amount of all applicable policies, notwithstanding <br /> any lesser minimum limits specified in this Agreement. This Agreement requires Owner(and <br /> Owner's contractors) to obtain and provide for the benefit of the Indemnitees, additional insured <br /> coverage in the same amount of insurance carried by Owner(or Owner's contractors, as <br /> applicable), but in no event less than the minimum amounts specified in this Agreement. In the <br /> event that Owner(or Owner's contractors as applicable) obtain insurance policies that provide <br /> liability coverage in excess of the amounts specified in this Agreement, the actual limits <br /> provided by such policies shall be deemed to be the amounts required under this Agreement. <br /> Without limiting the foregoing, the limits of liability coverage specified in this Agreement are <br /> not intended, nor shall they operate, to limit City's ability to recover amounts in excess of such <br /> minimum amounts. <br /> ARTICLE XII <br /> MISCELLANEOUS PROVISIONS <br /> 12.1 No Brokers. Each Party warrants and represents to the other that no person or <br /> entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other <br /> compensation with respect to the transactions contemplated by this Agreement. Each Party <br /> OAK 44822-6539-6013 v3 36 <br />