RecD04 2004-176824 - Laserfiche WebLink

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d. Blanket Policies. The Developer and the City may satisfy their obligations under this Section, in whole or in part, by means of a so-called "blanket Policy" which is in conformity with this Section. e. Release and Waiver of Subrogation. The Developer and the City hereby waive all rights of recovery and causes of action, and release each other from any liability, from all losses and damages occasioned to the property of the other, which losses and damages are of the type covered under the policies required by this Section to the extent that said loss is reimbursed by an insurer. Each party shall include in the policies required by this Section a provision for the waiver of any right of subrogation that the insurer of such party may acquire against the other party hereto with respect to any such losses. f. Right to Maintain. If at any time a party (the "Defaulting Party") shall neglect to maintain the insurance required pursuant to this Section or shall fail to deliver policies as required pursuant to this Section, the other party (the "Non-Defaulting Party") may, upon five (5) business days' written notice to the Defaulting Party, effect such insurance as the agent of the Defaulting Party, by taking out policies with companies satisfactory to the Non-Defaulting Party running for a period of not exceeding three (3) years in anyone policy. The Non-Defaulting Party shall not be limited in the amount of any damages which it may claim against the Defaulting Party (arising out of or by reason of the Defaulting Party's failure to provide and keep in force insurance as aforesaid), and such damages may include without limitation the costs and expenses of suit suffered or incurred during any period when the Defaulting Party shall have failed or neglected to provide such insurance. g. Acceptability of Insurers. All policies provided by the Developer shall be obtained from and issued by insurers with a current A.M. Best's rating of A:VII or better. The City insures through the Bay Cities Joint Powers Insurance Authority ("BCJPIA"). Section 8. Affirmati ve Maintenance Obligations. In addition to the obligations provided hereinabove which relate to the maintenance of the easements, the parties hereto desire to provide herein for certain maintenance obligations imposed on the parties under Section 519 of the DDA relating to the maintenance of the Project, and accordingly agree as follows: a. The Developer and its successors will at all times maintain the exterior walls of the Project, all public and private sidewalks adjacent to or located within the Project, and all landscaped areas adjacent to or located within the Project in a neat, clean, safe litter-free and sanitary condition, consistent with the standards applicable to a first class project and in compliance with all applicable legal standards and requirements. This obligation shall include, without limitation, (i) all of the area encompassed within Parcel A, (ii) the public pedestrian rights of way which abut Parcel A on all sides, from face of curb to the boundary line of Parcel A, (iii) all means of access between the Public Parking Facility and the Retail Cinema (including, without limitation the Access Points REDW\0002\007 -9PREF .DOC 6\25\04 1130 law 9