Laserfiche WebLink
to protect against loss of, damage to, or destruction of the Project; such insurance shall not <br />contain a coinsurance clause; (b) business interruption and extra expense insurance to protect the <br />Developer and all Additional insureds covering loss of revenues and/or extra expense incurred <br />by reason of the total or partial suspension or delay of, or interruption in, the operation of the <br />Project, or any portion thereof, caused by loss or damage to or destruction of any part of the <br />insurable real property structures or equipment as a result of the perils insured against under such <br />all-risk property insurance, covering a period of suspension, delay or interruption of at least <br />twelve (12) calendar months, in an amount not less than the amount required to cover such <br />business interruption and/or extra expense loss during any such period; such insurance shall not <br />contain a deductible in an amount in excess of a thirty (30) day period; and (c) as applicable, <br />boiler and machinery insurance in the aggregate amount of the full replacement value of the <br />equipment typically covered by such insurance; such insurance shall be extended to include <br />business interruption/extra expense coverage, as described above, provided, however, that the <br />limits of coverage shall be not less than ninety (90) days instead of twelve (12) months. On the <br />coverage required under this subparagraph 306.2(b), all Additional Insureds shall be named as an <br />additional loss payee, as their interests may appear, with a lenders loss payable endorsement <br />whenever possible, and if not attainable for Additional Insureds other than Agency, then a loss <br />payable endorsement may be utilized, which shall be delivered to the Agency at the completion <br />of construction and prior to the expiration of the builder's risk coverage required herein. <br />(c) For all insurance required under this Section 306.2, said polices <br />shall provide, by endorsement, that they will not be cancelled or non-renewed without at least <br />thirty (30) days prior written notice to the Agency, except in the event of non-payment of <br />premium which shall provide for at least ten (10) days prior written notice to the Agency. <br />306.3 Applicability to For-Sale Portion of the Project. The insurance <br />provisions and requirements as set forth in this Section 306 shall apply to both the Rental Portion <br />of the Project and the For-Sale Portion of the Project; provided, however, that notwithstanding <br />any provision or requirement of this Section 306, the Developer shall have no obligation to <br />maintain any form of insurance with respect to any Housing Unit (including any Affordable For- <br />Sale Unit) located within the For-Sale Portion of the Project upon the sale of such Housing Unit <br />to a third-party buyer. Upon the sale of the last Housing Unit located within the For-Sale Portion <br />of the Project, the Developer shall have no further obligation to maintain any insurance with <br />respect to the For-Sale Portion of the Development that would otherwise be required pursuant to <br />this Section 306. <br />307. Indemnity <br />307.1 Developer Indemnity. Developer shall indemnify, defend and hold <br />harmless Agency and City, their respective officers, agents, employees and volunteers from and <br />against any and all loss or damage, expenses, injuries, death to any person, damage to real or <br />personal property, claim, demand, suit, action, judgment, settlement, reasonable attorney's fees, <br />costs, or proceeding of any kind arising out of Developer's actions and obligations pursuant to <br />this Agreement, Developer's implementation of this Agreement, Developer's securing of <br />financing, design development drawings, the engineering, construction, reconstruction, structural <br />integrity of the Project, maintenance of Project, operation and subsequent sale of the Project, <br />including but not limited to: <br />35 <br />DOCS001400673v 14/200272.0001