Agmt12 Bair Island Aquatic Center, Inc.

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requiring 30 days written notice to CITY in the event of cancellation or material change in any scheduled policy. 4) With regard to the liability insurance policies required above, such insurance policies shall name CITY as an additional insured on endorsements ISO CO 20 10 10 01 and CO 20 37 10 01, or broader, with completed operations coverage. 5) All policies required hereunder shall provide for the following: (i) name as additional insureds the City and its officers, agents and employees; (ii) specify that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this License and that insurance applies separately to each insured against whom ciaim is made or suit is brought, except with respect to the insurer's limit of liability, and (iii) include a waiver of subrogation endorsement or provision wherein the insurer acknowledges acceptance of BIAC's waiver of claims against City. Such policies shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or othervvise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Sudden and accidental poliution coverage in the liability policies required hereunder shall be limited to losses resulting from BIAC's activities (and BIAC's Agents and Invitees) under this License (excluding nonnegligent aggravation of existing conditions with respect to Hazardous Materials). 6) Prior to the Commencement Date of this License, BIAC shall deliver to City certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to City, evidencing the coverages required hereunder, together with complete copies of the policies at City's request. In the event BIAC shall fail to procure such insurance, or to deliver such policies or certificates, City may procure, at its option, the same for the account of BIAC, and the cost thereof shall be paid to City within five (5) days after delivery to BIAC of bills therefore. 7) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. 8) Should any of the required insurance be provided under a claims made form, BIAC shall maintain such coverage continuously throughout the term of this License and, without lapse, for a period of three (3) years beyond the License expiration or termination, to the effect that should any occurrences during the License term give rise to claims made after expiration or termination of the License, such claims shall be covered by such claims-made policies. 9) BIAC's compliance with the provisions of this Section shall in no way relieve or decrease BIAC's indemnification obligations under this License or any of BIAC's other obligations hereunder. Notwithstanding anything to the contrary in this License, this License shall terminate immediately, without notice to BIAC, upon the lapse of any required insurance coverage. BIAC shall be responsible, at its expense, for separately insuring BIAC's personal property. ATTY/AGR/2012.005/BIAC USE AGREEMENT (APN 052398-00) REV:Oi/17/12 Page 12 0( 31