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City Draft <br /> 6128/13 <br /> (c) No Representation. Neither Party rnakes any representa�ion <br /> that the limits, scope, or forms of insurance coverage this Agreement requires are adequate or <br /> su�cient. <br /> (d) No Claims Made Coverage. None of the insurance caverage <br /> required under�s Agreement may be written on a claims-made basis. <br /> (e) Fully Paad and Nora Assessable. All insurance obtained and <br /> maintained by the Developer in satisfaction of the requirements of this Agreernent shall be fully <br /> paid for and non-assessable. <br /> (� City Optaon to OBtain Coverage. After notice to Developer <br /> and during the continuance of an Event of Default arising from the Developer's failare to carry <br /> any in.surance required by this Agreement, the City rnay, at its sole option, purcbase any such <br /> required insurance coverage and the City shall be entitled to immediate payment from the <br /> Deve�oper of any premiurns and associated costs paid by the Czty for such insurance coverage. <br /> Any amount becoming due and payable to the City under this Section 4.12 that is not paid within <br /> fifteen (15) calendar days after written demand from the City for payment of such amount, with <br /> an expZanation of the amounts demanded, will bear interest fram the date of the demand at the <br /> rate of ten percent (10%) per annum or the ma�cimum rate allowed by California law, whichever <br /> is less. Any election by the City to purchase or not to purchase insurance otherwise required by <br /> the terms of this Agreement to be carried by the Developer shall not relieve the Developer of its <br /> obligation to obtain and maintain any insurance coverage reqnired by this Agreement. <br /> (g) Deductahles and Self-Insured Retentions. The Developer shall <br /> disclose and pay or cause to be paid any and all self-insured retentions under a11 insurance <br /> policies issued in satisfaction of the terms of this Agreement. Develaper self-insurance <br /> retentions are subject to City approval. <br /> (h) Insurance Independent of Indemnification. The insurance <br /> rec�uirements of this Agreement are independent of the Developer's indemnification and other <br /> obligations under this Agreemezzt and shall not be construed or interpreted in any way to satisfy, <br /> restrict, limit, or modify the Developer's indemnification or other obligations or to limit the <br /> Developer's liabi�ity under this Agreement, whether witnin, outside, or in excess of such <br /> coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor <br /> shall the provision of such insu�ance preclude the City fram taking such other actions as are <br /> available ta it under any other provision of this Agreement or otherwise at law or in equity. <br /> 4.13 Certificate of Completion. <br /> 4.13.1 Issuance. FoZlowing the Completion(as defined herein} of the Project, <br /> ex.cluding any normal and minor building "punch-list" items to be cornpleted by the Developer, <br /> the Developer may request that the City inspect the completed Project and issue a Certificate of <br /> Completion for the Project. As used in this Agreement, "Corapletion" shall mean the completion <br /> of a"warm shell"without tenant improvement worl�inclucling a1i of the foZiowing: <br /> (i) Base building electrical, rnechanical, fire protection, and life <br /> safety systems distribution shall be in accordance with the plans and <br /> 82483.0000917571312.1 D 35 <br />