AgdaPkt 2021.02.08 Joint SA PFA - Laserfiche WebLink

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6.B. - Page 33 of 113 of Indemnitees, and are subject to the additional terms set forth in Section 11.2 below. The provisions of this Section 11.1 shall survive the expiration or earlier termination of this Agreement. 11.2 Terms Applicable to Indemnity Provisions. The terms set forth in this Section 11.2 shall apply to all provisions of this Agreement that pertain to Developer's obligations to indemnify City and the other Indemnitees, including without limitation, Sections 5.11, 5.14, 5.15, 7.2, 11. 1, and 12.1. In connection with each such provision, all of the following shall apply: (a) City does not and shall not waive any rights against Developer that it may have by reason of any indemnity and hold harmless provision set forth in this Agreement because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in this Agreement. (b) Developer's obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following: (i) any amendment or modification of any City Document; (ii) any extensions of time for performance required by any City Document; (iii) any provision in any of the City Documents limiting City' s recourse to property securing the Secured Obligations (as defined in the Deed of Trust), or limiting the personal liability of Developer, or any other party; (iv) the accuracy or inaccuracy of any representation and warranty made by Developer under this Agreement or by Developer or any other party under any City Document , and (v) the release of Developer or any other person, by City or by operation of law, from performance of any obligation under any City Document. (c) The obligation of Developer to indemnify the Indemnitees shall survive any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, any release of record of the lien of the Deed of Trust or the Regulatory Agreement, and the expiration or earlier termination of this Agreement. 11.3 Insurance Requirements. (a) Commercial General Liability. Developer and when formed, the Homeowner' s Association, (and until the City Building Department signs off on the final inspection of the Project all contractors and subcontractors working on behalf of Developer on the Pro)ect) shall maintain a commercial general liability policy including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage with coverage limits in an amount equal to the greater of: (a) the amounts required by the construction and permanent lenders for the Project, or (b) Two Million Dollars ($2,000,000) each occurrence, Five Million Dollars ($5,000,000) annual aggregate, together with Three Million Dollars ($3,000,000) excess liability coverage, or such other policy limits as City may require in its reasonable discretion; provided however, the coverage requirements for subcontractors shall be One Million Dollars ($1,000,000) per occurrence. Such policy or policies shall be written on an occurrence basis and shall name the Indemnitees as additional insureds. The coverage requirements set forth in this paragraph shall apply to any Owner Controlled Insurance Program (" OCIP") used by Owner, and shall apply to any exclusions from any such OCIP (e.g. for off- site fabrication). REV: 01-22-21 PR M ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 29 of 109)