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AgdaPkt 2012-02-27
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AgdaPkt 2012-02-27
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Last modified
2/28/2012 4:08:32 PM
Creation date
2/23/2012 4:38:49 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
2/27/2012
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6. 1. F. - Page 14 <br />26. Insurance During the term of this Agreement, BIAC shall maintain the following <br />insurance coverage: <br />A. Commercial General Liability Insurance. Commercial general liability <br />insurance written on a form that provides coverage at least as broad as form ISO CG 00 <br />01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of <br />bodily injury, personal injury and property damage arising out of BIAC's operations <br />(which shall include the Activities described in Section 4 above), assumed liabilities, or <br />use of the Property, including contractual liability coverage for the performance by BIAC <br />of the indemnity agreements set forth in this Agreement, and coverage for damage to <br />the Property (including all improvements in BIAC's care, custody, or control), for limits of <br />liability not less than: <br />Bodily Injury, Personal Injury and $1,000,000 each occurrence and <br />$2,000,000 annual aggregate <br />Property Damage Liability $300,000 annual aggregate <br />B. Marine Protection and Indemnity Insurance Marine Protection and Indemnity <br />Insurance written on a form that provides coverage at least as broad as form ISO EM 05 <br />01, with limits of liability of not less than $1,000,000. <br />C. Damage to BIAC Property BIAC hereby waives any recovery of damages <br />against City (including its employees, officers, directors, agents, or representatives) for <br />loss or damage to any structures, tenant improvements and betterments, fixtures, <br />equipment, and any other personal property because BIAC has elected not to cover <br />such property with insurance. <br />D. U.S. Rowing Association Insurance Insurance with the U.S. Rowing Association <br />of the type and with coverage in the amount currently maintained by BIAC. <br />E. Other. <br />1) The minimum limits of policies of insurance required of BIAC under this <br />Agreement shall in no event limit the liability of BIAC under this Agreement. Such <br />insurance shall: (i) name CITY as an additional insured; (ii) be primary insurance as to <br />all claims thereunder and provide that any insurance carried by CITY is excess and is <br />non - contributing with any insurance requirement of BIAC; (iii) provide that such <br />insurance shall not be canceled or coverage changed unless thirty (30) days' prior <br />written notice shall have been given to CITY; and (iv) contain a waiver of subrogation <br />and cross - liability endorsement or severability of interest clause acceptable to CITY. <br />BIAC shall deliver the policy or policies or certificates thereof on or before the <br />Commencement Date and delivery of such policy or policies shall be a prerequisite to <br />and condition of BIAC's right to use the Property pursuant to this Agreement. <br />2) For all liability policies required above, BIAC shall cause CITY to be named as a <br />Certificate Holder on Accord -25 Certificates of Insurance that contain language requiring <br />30 days written notice to CITY in the event of cancellation or material change in any <br />scheduled policy. <br />3) For all property policies required above, BIAC shall cause CITY to be named as <br />a Certificate Holder on Accord 27 Certificates of Insurance that contain language <br />ATTY /AGRl2012.005 /BIAC USE AGREEMENT (APN 052- 398 -00) <br />REV;01 /17/12 <br />Page 11 of 31 <br />
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