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16.5 Contractors Pollution Liabigy. Pollution Coverage shall be provided <br />on a Contractors Pollution Liability form or Other form acceptable to City providing <br />coverage for liability arising out of sudden, accidental and gradual pollution and <br />remediation. The policy limit shall be no less than One Million Dollars ($1,000,000) <br />per claim and in the aggregate. All activities contemplated in this agreement shall <br />be specifically scheduled on the policy as "covered operations." The policy shall <br />provide coverage for the hauling of waste from the project site to the final disposal <br />location, including non -owned disposal sites. <br />16.6 Any deductibles or self-insured retentions must be declared to and <br />approved by City. At the option of City either Developer's insurer will reduce or <br />eliminate the deductibles or self-insured retentions with respect to City, it's Council, <br />commissions, boards, committees, officers, employees and agents or Developer <br />will procure a bond guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br />'16.7 Concurrently with the execution of this Agreement. Developer will <br />furnish City with certificates and copies of information or declaration pages of the <br />insurance required hereunder and, with respect to evidence of commercial general <br />liability and automobile liability insurance coverage, original endorsements: <br />(a) Precluding cancellation or reduction in coverage before <br />the expiration of thirty (30) days after City will have received written <br />notification of cancellation or reduction in coverage by first class mail, <br />postage prepaid; <br />(b) Providing that Developer's insurance will apply <br />separately to each insured against whom claim is made or suit is <br />brought, except with respect to the limits of the insurer's liability <br />(cross liability endorsements); <br />(c) Naming City, its Council, commissions, boards, <br />committees, officers, employees and agents as additional insureds; <br />and <br />(d) Providing that Developer's insurance will be primary <br />insurance relating to Contractor's work hereunder with respect to <br />City, its Council, commissions, boards, committees, officers, <br />employees and Agents, and further providing that any insurance or <br />self-insurance maintained by City for itself, its Council, commissions, <br />boards, committees, officers, employees and agents will not be <br />excess of Contractor's insurance and will not be contributory with it. <br />Such insurance will also specifically insure any contractual liability <br />assumed by Developer under the terms of this Agreement, including, <br />but not limited to, the provisions of subsection (a) above. <br />REV: 11-21-2022 SK <br />AT1-Y/AGR.2022.401/955 Woodside Rd., LLC (Page 10 of 23) <br />