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09B
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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1/31/2018 3:20:48 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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(d) Companies writing the insurance required hereunder shall be licensed to <br />do business in the State of California. Insurance shall be placed with insurers with a current <br />A.M. Best's rating of no less than A: VII. <br />(e) If any insurance policy or coverage required hereunder is canceled or <br />reduced, Lessee shall, within fifteen (15) days after receipt of notice of such cancellation or <br />reduction in coverage, but in no event later than the effective date of cancellation or reduction, <br />file with Lessor a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, <br />Lessor may, with notice and at its option, procure such insurance coverage at Lessee's expense, <br />and Lessee shall promptly reimburse Lessor for such expense upon receipt of billing from <br />Lessor. <br />(f) Coverage provided by Lessee shall be primary insurance and shall not be <br />contributing with any insurance, or self-insurance maintained by Lessor, and the policies shall so <br />provide. The insurance policies shall contain a waiver of subrogation for the benefit of the <br />Lessor. Lessee shall furnish the required certificates and endorsements to Lessor prior to the <br />commencement of rehabilitation or construction work on the Project, and shall provide Lessor <br />with certified copies of the required insurance policies upon request of Lessor. <br />(g) Deductibles/Retentions. Any deductibles or self-insured retentions shall <br />be declared to, and if such deductibles or retentions differ from those specified in the insurance <br />policies approved by City as of the Commencement Date, they shall be subject to approval by, <br />City's Risk Manager. At the option of and upon request by City's Risk Manager if the Risk <br />Manager determines that such deductibles or retentions are unreasonably high, either the insurer <br />shall reduce or eliminate such deductibles or self-insurance retentions as respects the <br />Indemnitees or Lessee shall procure a bond guaranteeing payment of losses and related <br />investigations, claims administration and defense expenses. <br />(h) 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 Commencement Date nor more than once in every three (3) year <br />period) to address changes in circumstances, including, but not limited to, changes in the <br />purchasing power of the dollar and the litigation climate in California, provided that such <br />adjustments are consistent with generally prevailing requirements for residential multi -family <br />developments similar to the Project and located in the San Francisco/Alameda County area. <br />Within thirty (30) days following Lessor's delivery of written notice of any such adjustments, <br />Lessee shall provide Lessor with amended or new insurance certificates and endorsements <br />evidencing compliance with such adjustments. <br />(i) Additional Insured. For all liability insurance required by this Agreement, <br />Lessee (and Lessee'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 Lessee (and <br />Lessee's contractors) to obtain and provide for the benefit of the Indemnitees, additional insured <br />coverage in the same amount of insurance carried by Lessee (or Lessee's contractors, as <br />applicable), but in no event less than the minimum amounts specified in this Agreement. In the <br />15 <br />OAK #4823-7863-2026 v2 <br />
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