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123 Auto Liability. Developer shall provide auto liability coverage for owned, non - <br />owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact <br />equivalent, with a limit of no less than One Million Dollars ($1,000,000) per accident. If <br />Developer owns no vehicles, this requirement may be met through a non -owned auto <br />endorsement to the CGL policy. <br />124 Any deductibles or self-insured retentions must be declared to, andaparoved <br />by City. At the option of City either Developer's insurer will reduce or eliminate the <br />deductibles or self-insured retentions with respect to City, it's Council, commissions, boards, <br />committees, officers, employees and agents or Developer will procure a bond guaranteeing <br />payment of losses and related investigations, claim administration and defense expenses. <br />125 Concurrently with the execution of this Agreement, Developer will furnish City <br />with certificates and copies of information or declaration pages of the insurance required <br />hereunder and, with respect to evidence of commercial general liability and automobile <br />liability insurance coverage, original endorsements: <br />(a) Precluding cancellation or reduction in coverage before the expiration <br />of thirty (30) days after City will have received written notification of cancellation or reduction <br />in coverage by first class mail, postage prepaid; <br />(b) Providing that Developer's insurance will apply separately to each <br />insured against whom claim is made or suit is brought, except with respect to the limits of <br />the insurer's liability (cross liability endorsements); <br />(c) Naming City, its Council, commissions, boards, committees, officers, <br />employees and agents as additional insureds; and <br />(d) Providing that Developer's insurance will be primary insurance relating <br />to Contractor's work hereunder with respect to City, its Council, commissions, boards, <br />committees, officers, employees and Agents, and further providing that any insurance or <br />self-insurance maintained by City for itself, its Council, commissions, boards, committees, <br />officers, employees and agents will not be excess of Contractor's insurance and will not be <br />contributory with it. Such insurance will also specifically insure any contractual liability <br />assumed by Developer under the terms of this Agreement, including, but not limited to, the <br />provisions of subsection (a) above. <br />126 In the event that Developer's insurance is cancelled, Developer will provide <br />replacement coverage or all work must cease as of the cancellation date until replacement <br />insurance coverage is provided. <br />13. No Additional Liability. It is the intent of this Agreement to insure the proper <br />maintenance of the stormwater treatment measure(s) by Developer; provided, however, that <br />this Agreement will not be deemed to create or effect any additional liability not otherwise <br />provided by law of any party for damage alleged to result from or caused by stormwater <br />runoff. <br />14. Performance Financial Assurance. City may request Developer to provide <br />REV: 04-26-2022 SK <br />