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6. 1. F. - Page 64 <br />Development consists of more than one hundred (100) separate interests, subject to the Board's good faith <br />determination of availability and cost - effectiveness in relation to the risk and premium to be charged for <br />such coverage; provided, however, under no circumstances may the minimum amounts of coverage be <br />less than that specified in Civil Code Section 1365.7(a)(4). Such limits are to be reviewed by the Board <br />not less frequently than annually. Said policy or policies shall provide for a full waiver or subrogation <br />against the insureds, a full waiver of all defenses based upon acts of insureds and shall further provide <br />that said policy or policies cannot be canceled or modified without at least sixty (60) days' prior written <br />notice to the Association. <br />Reference is made to Civil Code Section 1365.7 for further detail regarding statutory minimum <br />requirements for Association officers and directors liability insurance. <br />Section 9.5 Fidelity Bond or Insurance The Association shall maintain, or be covered by, <br />a fidelity bond or policy of insurance against dishonest acts on the part of any Persons entrusted with or <br />permitted to handle funds belonging to or administered by the Association including the professional <br />manager and his employees. Such fidelity bond or policy of insurance shall name the Association as the <br />named insured and shall be written in an amount sufficient to provide protection which is not less than the <br />sum of three (3) months' Assessments on all Condominiums in the Development plus the Association's <br />reserves. An appropriate endorsement shall be added to such policy or bond, if necessary, to cover any <br />Persons who serve without compensation, including directors, if such policy or bond would not otherwise <br />cover the acts of volunteers. <br />Section 9.6 Workers' Compensation Insurance The Association shall obtain Workers' <br />Compensation Insurance to the extent required to comply with any applicable law. <br />Section 9.7 Earthquake Insurance The Association shall obtain earthquake insurance only <br />if a majority of the Owners vote to purchase such insurance. If the Board elects to purchase such <br />earthquake insurance, the insurance may be subsequently cancelled on a vote of the majority of the <br />Owners. If cancelled, the Association shall make reasonable efforts to notify the Owners of the <br />cancellation. <br />Section 9.8 Insurance Required by Certain Lenders Notwithstanding Sections 9.1 <br />through 9.6 or any other provision of this Declaration, in the event the casualty insurance, boiler and <br />machinery insurance, liability insurance and fidelity bond requirements established for condominium <br />projects by FNMA or FHLMC are greater than the insurance and fidelity bond requirements specified in <br />this Declaration, the FNMA and FHLMC requirements, whichever are greater, shall govern and such <br />insurance or fidelity bond shall be maintained by the Association. This requirement as to FNMA or <br />FHLMC shall be effective so long as FNMA or FHLMC is a Mortgagee, Insurer or Guarantor of a <br />Mortgage or an Owner of a Condominium within the Development; provided, however, to the extent such <br />coverage is not available or has been modified or waived in writing by FNMA or FHLMC, it need not be <br />obtained. <br />Section 9.9 General Policy Provisions; Notice to Owners <br />(a) Each of the policies of insurance obtained by the Association pursuant to this <br />Article 9 shall include as named insureds the Association, as trustee for the Owners, the Association's <br />directors and officers, Declarant, and the Owners and their family members and shall provide that the <br />insurers may not cancel, change or refuse to renew the policies without first giving sixty (60) days' prior <br />written notice to the Association, the Owners and the Mortgagees. Each such policy shall also provide <br />that coverage shall not be prejudiced by any act or neglect of any Condominium Owner except to the <br />extent such prejudice is unavoidably imposed by law or by any failure of the Association to comply with <br />54 <br />CCRS -One Marina. docx <br />