HABITAT FOR HUMANITY OF ORANGE COUNTY (5)

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(c) A severability of interest provision must apply for all the additional insureds, ensuring that Developer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (d) Developer hereby grants to City a waiver of subrogation which any insurer of said Developer may acquire against City of Santa Ma, its City Council, officers, officials, employees, agents and volunteers"by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement(s)that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). (e) Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. (f) Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ma,Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-26 (Housing Division), Santa Ma, CA 92701. The name and location of project must be indicated in the Description of Operations section of each certificate. (g) If any of the insurance required under this Agreement is not commercially available, not applicable to the Project, or imposes an undue cost burden on the Project, the City may, in its sole and absolute discretion, agree to reduce the coverage or waive the coverage; provided, however, that if such coverage does become available or applicable to the Project, and securing the insurance would not impose an undue burden on the Project, the City may require the insurance to be procured within thirty(30) days of written notice. 15.4 Builder's Risk(Course of Construction)Insurance. Developer may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ma as a loss payee as its interest may appear. If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at Project site. 15.5 Claims Made Policies. If any coverage required is written on a claims-made coverage form: (a) The retroactive date must be shown, and this date must be before the execution date of the contract. 22 55394.00101\42414134.1