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�; l -D, J2- <br /> condition, and consistent with the maintenance standards in a first class project, by the <br /> City at its sole cost and expense. <br /> Section 7. Insurance. The Developer and the City will each maintain the <br /> insurance specified hereinafter and shall at no cost to the other party furnish, or cause to <br /> be furnished, to the other party appropriate certificates of insurance. <br /> a. Required Developer Insurance - The Developer shall maintain the <br /> following insurance: <br /> (1) At all times that the Developer has "employees" (as defined <br /> in the California Labor Code) in or on the Retail Cinema, it shall maintain adequate <br /> Workers' Compensation Insurance including employer's liability coverage with limits of <br /> not less than One Million Dollars ($1,000,000) for each accident covering all persons <br /> employed. In lieu of such insurance, the Developer may furnish evidence of consent to <br /> self-insure workers' compensation benefits in a form approved by the State of California <br /> Department of Industrial Relations or successor agency. <br /> (2) At all times, the Developer shall maintain General Liability <br /> insurance, with limits of not less than Five Million Dollars ($5,000,000) for each <br /> occurrence of bodily injury and property damage combined, including coverage's for <br /> contractual liability, personal injury, broad form property damage, premises liability, <br /> owner's and contractors' protective, products and completed operations. <br /> (3) At all times the Developer shall maintain Comprehensive <br /> Automobile Liability insurance, with limits of not less than Five Million Dollars <br /> ($5,000,000) for each occurrence of bodily injury and property damage combined, <br /> including coverage's for owned, non-owned and hired vehicles, as applicable. <br /> (4) During construction, alteration or repair of any <br /> improvement, the Developer shall maintain builders' risk insurance for the amount of <br /> completed value (or lesser amount if acceptable to the City) on an all-risk form, naming <br /> the City and any contractors or subcontractors as Named Insured's as their interests may <br /> appear, with a deductible of up to but not to exceed Two Hundred Fifty Thousand Dollars <br /> ($250,000) for other insurance provided under this subsection. <br /> (5) With respect to improvements following construction, <br /> alteration or repair, the Developer shall maintain policies of all risk property insurance <br /> for the full replacement cost of all of the Developer's improvements located on the <br /> Project Site, and with a deductible not to exceed Two Hundred Fifty Thousand Dollazs <br /> ($250,000). <br /> b. Required City Insurance - The City insures through the Bay Cities <br /> Joint Powers Insurance Authority ("BCJPIA"). The coverage provided to the City from <br /> time to time by BCJPIA shall be deemed to be adequate for the purposes of this <br /> REDW\0002\007-6.DOC <br /> 6\16\04 400 law <br /> 7 <br />