Agmt09 Bair Island Aquatic Center, Inc. (BIAC)

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Regulations ") as the City may deem appropriate for the best interests of the users of the Property. The Rules and Regulations shall be binding upon BIAC upon delivery of a copy of them to BIAC, and BIAC shall abide by them and cooperate in their observance. 15. Changes to License Area. The City reserves the right from time to time without notice to BIAC to temporarily close access to the License Area and to make changes to the License Area and the Property, including, without limitation, changes in the location, size, shape and number and location of entrances, fences, gates and other improvements on or benefiting the License Area and the Property. 16. Insurance. During the term of this Agreement, BIAC shall maintain the following insurance coverage: (a) Commercial General Liability Insurance. Commercial general liability insurance written on a form that is at least as broad as form ISO CG 00 01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of bodily injury, personal injury and property damage arising out of BIAC's operations, assumed liabilities, or use of the License Area, including contractual liability coverage for the performance by BIAC of the indemnity agreements set forth in this Agreement, and coverage for damage to the License Area (including all improvements in the BIAC's care, custody, or control), for limits of liability not less than: Bodily Injury, Personal Injury and $1,000,000 each occurrence Property Damage Liability $2,000,000 annual aggregate (b) Marine Protection and Indemnity Insurance. Marine Protection and Indemnity Insurance in a form at least as form ISO EM 05 01, with limits of liability of not less than $1,000,000. (c) Property Insurance. Commercial property insurance covering physical damage to the License Area and all fixtures, equipment, tenant improvements and betterments, all BIAC's personal property, and all other items of BIAC's property on the License Area installed by, for, or at the expense of BIAC. The City and BIAC hereby waive any recovery of damages against each other (including their employees, officers, directors, agents, or representatives) for loss or damage to the building, tenant improvements and betterments, fixtures, equipment, and any other personal property to the extent covered by the insurance required to be carried by BIAC. (c) U.S. Rowing Association Insurance. Insurance with the U.S. Rowing Association of the type and with coverage in the amount currently maintained by BIAC. (d) Other. (i) The minimum limits of policies of insurance required of BIAC under this Agreement shall in no event limit the liability of BIAC under this Agreement. Such insurance shall: (i) name the City as an additional insured; (ii) be primary insurance BIAC License 6.11.09 v.2 4 6QI/