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agencies then rating the Bonds. The insurance required by this paragraph shall be in <br /> an amount equal to the lesser of (i) the replacement cost (without deduction for <br /> depreciation) of improvements located or to be located on the Leased Property or <br /> (ii) the principal amount of the Outstanding Bonds (except that such insurance may be <br /> subject to deductible clauses of not to exceed five percent (5%) of the amount of any <br /> one loss); <br /> (2) use and occupancy insurance against loss, total or partial, of the use and <br /> occupancy of the Leased Property as a result of any of the hazards covered by the <br /> insurance required by paragraph (1) hereof, in an amount sufficient to pay the total <br /> Base Rental payments attributable to the Leased Property for a twenty-four month <br /> period (measured by the Base Rental payments for the twenty-four months following <br /> the month in which the insurance commences); provided, that the amount of such <br /> insurance need not exceed the total remaining Base Rental payments attributable to the <br /> Leased Property; <br /> (3) workers' compensation insurance covering all employees working in or <br /> on the Leased Property, in the same amount and type as other workers' compensation <br /> insurance maintained by the City for similar employees doing similar work; and the <br /> City shall also require any other person or entity working in or on the Leased Property <br /> to carry the foregoing amount of workers' compensation insurance; <br /> (4) a standard comprehensive public entity liability insurance policy or <br /> policies in protection of the City, the Authority, and their respective directors, officers <br /> and employees and the Trustee, indemnifying and defending such parties against all <br /> direct or contingent loss or liability for damages for personal injury, death or property <br /> damage occasioned by reason of the possession, operation or use of the Leased <br /> Property, with minimum liability limits of one million dollars ($1,000,000)for personal <br /> injury or death of each person and three million dollars ($3,000,000)for personal injury <br /> or deaths of two or more persons in each accident or event, and in a minimum amount <br /> of two hundred fifty thousand dollars ($250,000) (subject to a deductible clause of not <br /> to exceed one hundred thousand dollars ($100,000)) for damage to property resulting <br /> from each accident or event; provided, that such public liability and property damage <br /> insurance may be in the form of a single limit policy in the amount of three million <br /> dollars ($3,000,000) covering all such risks and may be maintained as part of or in <br /> conjunction with any other liability insurance carried by the City. <br /> Notwithstanding the above provisions, as an alternative to providing the <br /> insurance required by paragraphs (1), (3)and (4)above (other than earthquake coverage <br /> and use and occupancy insurance), the City may provide a self-insurance method or <br /> plan of protection. Any such self-insurance maintained by the City pursuant to the <br /> foregoing sections, shall be similar in nature and scope to self-insurance programs <br /> maintained by other California cities of comparable size and operations. Any self <br /> insurance program maintained with respect to the risks described in paragraph (1)above <br /> shall be subject to the review and written consent of the Bond Insurer. <br /> LA1-63219.5 17 <br />