RecDoc 2017-117015 IA 1409 ECR - Laserfiche WebLink

Browse Search

officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Subsection 17.3, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 18. Insurance. 18.1 Developer shall, before the release of said Parcel Map by City for recordation, obtain and maintain in full force and effect during the term of this Agreement, at Developer's own expense and risk, Worker's Compensation, a general comprehensive liability insurance policy, and owned, non -owned, and hired automobile liability insurance. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows: Insurance Category Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Minimum Limits Statutory minimum. $1,000,000.00 per accident for bodily injury or disease. $2,000,000.00 per occurrence, $4,000,000.00 aggregate for bodily injury, personal injury and property damage. $2,000,000.00 per occurrence for bodily injury and property damage (coverage required to the extent applicable to Contractor's vehicle usage in performing work hereunder). 18.2 Any deductibles or self-insured retentions must be declared to, and approved by City. At the option of City either Developer's insurer shall reduce or eliminate the deductibles or self-insured retentions with respect to City, it's Council, commissions, boards, committees, officers, employees and agents or Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 18.3 Concurrently with the execution of this Agreement, Developer shall furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements: (a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after City shall have received written notification of cancellation or reduction in coverage by first class mail, postage prepaid; (b) Providing that Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross liability endorsements); (c) Naming City, its Council, commissions, boards, committees, officers, employees and agents as additional insureds; and (d) Providing that Developer's insurance shall be primary insurance relating to Contractor's work hereunder with respect to City, its Council, Page 8 of 22 AM/AGR/2017.243/GS DILLER SUBSIDIARY, LLC—IA REV: 11-01-17 PR