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306.1 Minimum Coverage/Endorsements. Notwithstanding any inconsistent <br />statement in the policy or any subsequent endorsement attached hereto, the protection afforded <br />by these policies shall be written on an occurrence basis in which the Agency, City, and their <br />respective elected and appointed officials, officers, employees, agents and representatives <br />(together, "Additional Insureds") are named as additional insureds on all coverage, except for <br />workers' compensation coverage, and shall: <br />(a) Name Additional Insureds (from above) as additional insureds on a <br />Commercial General Liability ("CGL") policy; <br />(b) Include an endorsement to the CGL policy naming the Additional <br />Insureds as additional insureds, and said endorsement shall be delivered to the Agency <br />Executive Director prior to and as an Agency's Condition Precedent (and maintained as required <br />herein); <br />(c) Provide a combined single limit of broad form commercial general <br />liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence, which will <br />be considered equivalent to the required minimum limits, and such insurance shall (i) be written <br />on an occurrence form, (ii) be written with a primary policy form with limits of not less than <br />$1,000,000 per occurrence; (iii) be written with one or more excess layers to bring the total of <br />primary and excess coverage limits to not less than $2,000,000 per occurrence, (iv) not be <br />written with a deductible greater than $25,000 per occurrence, (v) contain a waiver of <br />subrogation in favor of the Agency; <br />(d) Provide primary automobile liability insurance for owned, <br />non-owned, and hired vehicles, as applicable to, or for any use related to, the Project, in an <br />amount not less than One Million Dollars ($1,000,000) combined single limit, with excess <br />insurance coverage to bring the total amount of automobile liability insurance coverage to an <br />amount not less than Two Million Dollars ($2,000,000) per accident for bodily injury and <br />property damage; <br />(e) Bear an endorsement or shall have attached a rider providing that <br />Agency shall be notified not less than thirty (30) days before any expiration, cancellation, or <br />non-renewal of such policy or policies, and shall be notified not less than ten (10) days after any <br />event of nonpayment of premium; and <br />(f) Developer shall also file with Agency the following signed <br />certification: <br />"I am aware of, and will comply with, Section 3700 of the <br />Labor Code, requiring every employer to be insured against <br />liability of Workers' Compensation or to undertake self-insurance <br />before commencing any of the work." <br />Developer shall comply with Sections 3700 and 3800 of the Labor Code by <br />securing, paying for and maintaining in full force and effect from and after the Closing, and <br />continuing for the duration of the Affordability Period, complete workers' compensation <br />insurance, to statutory limits, with employers liability limits not less than One Million Dollars <br />33 <br />DOCS001400673 v 141200272-0001