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Agmt12 Bair Island Aquatic Center, Inc.
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Agmt12 Bair Island Aquatic Center, Inc.
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Last modified
7/30/2012 11:17:46 AM
Creation date
3/9/2012 10:23:28 AM
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Agreement
Contractor Name
Bair Island Aquatic Center, Inc.
PROJECT NAME
License Agreement for use of 1402 Maple St.-supercedes Agmt of 6/24/2009 for 1450 Maple
RMP File Number
304
Date
3/6/2012
MO Ref
12-046
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26. Insurance. During the term of this Agreement, BIAC shall maintain the following <br /> insurance coverage: <br /> A. Commercial General Liabilitv 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 Indemnitv 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. Damaae to BIAC Prooertv. 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. Rowina 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 shail 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/AGW2072.005/BIAC USE AGREEMENT (APN 052398-00) <br /> REV:01/17/12 <br /> Page 11 of 31 <br />
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