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form of coverage that includes an annual aggregate limit or provides that claims investigation or <br />legal defense costs are included in such annual aggregate limit, such annual aggregate limit shall be <br />three times the applicable occurrence limits specified above. <br />(m) Deductibles/Retentions. Any deductibles or self-insured retentions shall be declared <br />to, and shall be subject to approval by, the City Attorney. At the option of and upon request by the <br />City Attorney if the City Attorney determines that such deductibles or retentions are unreasonably <br />high, either the insurer shall reduce or eliminate such deductibles or self-insurance retentions as <br />respects the Indemnitees or Owner shall procure a bond guaranteeing payment of losses and related <br />investigations, claims administration and defense expenses. <br />(n) Adjustments. The limits of the liability coverage and, if necessary, the terms and <br />conditions of insurance, shall be reasonably adjusted from time to time (not less than every five <br />(5) years after the Effective Date nor more than once in every three (3) year period) to address <br />changes in circumstances, including, but not limited to, changes in inflation and the litigation <br />climate in California, provided that such adjustments are consistent with generally prevailing <br />requirements for residential multi -family developments similar to the Project and located in the San <br />Francisco/Alameda County area. Within thirty (30) days following City's delivery of written notice <br />of any such adjustments, Owner shall provide City with amended or new insurance certificates and <br />endorsements evidencing compliance with such adjustments. <br />(o) Additional Insured Coverage; Liability Limits. For all liability insurance required by <br />this Agreement except E&O and Workers' Compensation policies, Owner (and Owner's contractors, <br />as applicable) shall obtain endorsements that name the Indemnitees as additional insured in the full <br />amount of all applicable policies, notwithstanding any lesser minimum limits specified in this <br />Agreement. This Agreement requires Owner (and Owner's contractors) to obtain and provide for <br />the benefit of the Indemnitees, additional insured coverage in the same amount of insurance carried <br />by Owner (or Owner's contractors, as applicable), but in no event less than the minimum amounts <br />specified in this Agreement. In the event that Owner (or Owner's contractors as applicable) <br />obtains insurance policies that provide liability coverage in excess of the amounts specified in this <br />Agreement, the actual limits provided by such policies shall be deemed to be the amounts required <br />under this Agreement. Without limiting the foregoing, the limits of liability coverage specified in <br />this Agreement are not intended, nor shall they operate, to limit City's ability to recover amounts in <br />excess of the minimum amounts specified in this Agreement. <br />D-1 <br />4859-3312-3005v5 <br />