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<br />1 <br />2 <br /> <br />3 <br /> <br />4 <br />5 <br />6 <br /> <br />7 <br /> <br />8 <br /> <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />-15 <br />16 <br /> <br />17 <br />18 <br />19 <br />20 <br />21 <br /> <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br /> <br />37 <br />38 <br />39 <br />40 <br />41 <br /> <br />42 <br />43 <br /> <br />. Products and Completed Operations (including protection against liability <br />resulting from use of Recyclable Materials by another person); <br /> <br />· Personal Injury Liability with employment exclusion deleted; <br /> <br />· Broad Form Blanket Contractual with no exclusions for bodily injury, personal <br />injury or property damage (including coverage for the indemnity obligations <br />contained herein); <br /> <br />· Owned, Non-Owned, and Hired Motor Vehicles; <br /> <br />· Broad Form Property Damage. <br /> <br />The comprehensive general liability insurance shall be written on an "occurrence" <br />basis (rather than a "claims made" basis) in a form at least as broad as the most <br />current version of the Insurance Service Office commercial general liability <br />occurrence policy form (CG0001). If occurrence coverage is not obtainable, <br />Contractor must arrange for "tail coverage" on a claims made policy to protect <br />Authority from claims filed within four years after the expiration or termination of <br />this Agreement relating to incidents that occurred prior to such expiration or <br />termination. Any excess or umbrella policies shall be on a "following form" basis. <br /> <br />3. Pollution Liabilitv. Contractor shall maintain pollution liability insurance with limits <br />in an amount of not less than Ten Million Dollars ($10,000,000) per occurrence <br />and annual aggregate covering claims for on-site, under-site, or off-site bodily <br />injury and property damage as a result of pollution conditions arising out of its <br />operations under this Agreement. <br /> <br />4. Hazardous Materials Storaae and Transport. Contractor shall maintain insurance <br />coverage of not less than Ten Million Dollars ($10,000,000) for personal injury, <br />bodily injury and property damage arising out of the sudden and accidental <br />release of any hazardous materials or wastes during storage at facilities operated <br />by Contractor or transport of such materials by vehicles owned, operated or <br />controlled by Contractor in the performance of the services required under this <br />Agreement. <br /> <br />5. Phvsical Damaae. Contractor shall maintain comprehensive (fire, theft and <br />collision) physical damage insurance covering the vehicles and equipment used <br />in providing service to Authority under this Agreement, with a deductible or self- <br />insured retention not greater than One Hundred Thousand Dollars ($100,000). <br />Notwithstanding the foregoing, Contractor shall be allowed to self-insure for <br />physical damage to its vehicles provided Contractor provides adequate audited <br />financial information to Authority and Authority is reasonably satisfied that <br />Contractor has the financial net worth to cover any losses. <br /> <br />B. Acceptability of Insureds. The insurance policies required by this section shall be <br />issued by an insurance company or companies admitted to do business in the State <br />of California, subject to the jurisdiction of the California I nsurance Commissioner, <br />and with a rating in the most recent edition of Best's Insurance Reports of size <br />category XV or larger and a rating classification of A+ or better. <br /> <br />C. Reauired Endorsements. Without limiting the generality of Sections 10.02.A and B, <br />the policies shall contain endorsements in substantially the following form: <br /> <br />Operating Agreement for Shoreway Center <br /> <br />Page - 38 - <br /> <br />7/30/09 <br />