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7.1.F. - Page 124 <br /> (c) All Liability Insurance shall, to the extent commercially <br /> reasonably available, provide coverage to the Association for all losses, costs, expenses, damages <br /> and liabilities arising from the Owner's, indemnification, defense and hold harmless obligations <br /> under this Declaration and from any and all losses, costs, expenses, damages and liabilities arising <br /> out of or based upon any and all claims, accidents, injuries and damages arising out of the use, <br /> occupancy or operation of the insured portion of the Property, including actions of contractors and <br /> subcontractors hired by the Owners (provided, however, that with respect to any such <br /> indemnification, defense and hold harmless requirements for environmental violations, such <br /> coverage shall only be required if and to the extent such coverage is generally available at <br /> commercially reasonable rates and commonly insured against by owners or operators of similar <br /> properties). <br /> (d) No Liability Insurance shall be deemed to limit the parties' <br /> respective indemnity or other obligations under this Declaration. <br /> (e) Each policy of Liability Insurance shall name the other <br /> Owners, the Association (for the benefit of the Owners governed by such Association) (if <br /> applicable) and any First Mortgagee as an additional insured. <br /> G. Copies of Policies; Notice to Members. The Association shall make <br /> available to all Members a copy of the Association's policy to enable Members to insure their Units <br /> without duplicating insurance carried by the Association and inadvertently triggering a co-insurance <br /> clause in the Association's policy referred to in Section 8.1.A(1). The Association shall distribute <br /> annually to the Members a summary of the Association's insurance policies as required by Civil <br /> Code § 5300(b)(9) and as provided in the Bylaws. The Association, as soon as reasonably <br /> practical, shall notify its Members by first-class mail if any of the policies have been cancelled and <br /> not immediately renewed or restored or if there is a significant change such as a reduction in <br /> coverage or limits or an increase in the deductible for any policy. If the Association receives any <br /> notice of non-renewal of a policy, the Association immediately shall notify its Members if <br /> replacement coverage will not be in effect by the date the existing coverage will lapse. <br /> To the extent that the information required to be disclosed, as described in Civil Code <br /> § 5300(b)(9), is specified in the insurance policy declaration page, the Association may meet its <br /> disclosure obligations by making copies of that page and distributing copies to all its Members. <br /> H. Limitation on Liability. The Association, and its Directors and officers, shall <br /> have no liability to any Owner or Mortgagee if, after a good faith effort, it is unable to obtain the <br /> insurance required hereunder, because the insurance is no longer available or, if available, can be <br /> obtained only at a cost that the Board in its sole discretion determines is unreasonable under the <br /> circumstances, or the Members fail to approve any Assessment increase needed to fund the <br /> insurance premiums. In such event, the Board immediately shall notify each Member and any <br /> Mortgagee entitled to notice that the insurance will not be obtained or renewed. <br /> Policies and Procedures Regarding the Filing and Processing of Claims: <br /> The Board shall adopt a policies and procedures regarding the filing and processing of claims for <br /> damage and destruction of Common Area improvements or any other matters covered by insurance <br /> maintained by the Association. <br /> The provisions of this Section 8.1 that pertain to the rights of or limitations upon Commercial Units <br /> shall not be amended with respect to Commercial Units without the vote or written consent of all of <br /> the Commercial Unit Owners. <br /> 8.2. Damage or Destruction: If Project improvements (including a Unit) are damaged or <br /> destroyed by fire or other casualty, the improvements shall be repaired or reconstructed <br /> substantially in accordance with the original as-built plans and specifications, modified as may be <br /> required by applicable building codes and regulations in force at the time of such repair or <br /> reconstruction and subject to such alterations or upgrades as may be approved by the Architectural <br /> Control Committee, unless either of the following occurs: (1) the cost of repair or reconstruction is <br /> more than fifty percent (50%) of the current replacement costs of all Project improvements, <br /> available insurance proceeds are not sufficient to pay for at least eighty-five percent (85%) of the <br /> cost of such repairs or reconstruction, and three-fourths (3/4) of the total voting power of the <br /> 61 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />