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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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Last modified
11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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(b) Primary Coverage. All policies shall be written as primary policies, <br />not contributing to or in excess of any coverage that the Lessor may carry. <br />(c) Contractual Liability. Liability Insurance policies shall contain <br />contractual liability coverage, for the Tenant's indemnity obligations under this Lease. The <br />Tenant's obtaining such contractual liability coverage shall satisfy any indemnity obligation of the <br />Tenant under this Lease. <br />(d) Deliveries to the Lessor. Within thirty (30) days following <br />assignment of this Lease, and no later than twenty (20) days before any insurance required by this <br />Lease expires, is cancelled or its liability limits are reduced or exhausted, the Tenant shall deliver <br />to the Lessor certificates of insurance evidencing the Tenant's maintenance of all insurance this <br />Lease requires. Each insurance carrier shall give the Lessor no less than thirty (30) calendar days' <br />advance written Notice of any cancellation, non -renewal, material change in coverage or available <br />limits of liability under any insurance policy required by this Lease. Also, phrases such as <br />"endeavor to" and "but failure to mail such Notice shall impose no obligation or liability of any <br />kind upon the company" shall not be included in the cancellation wording of any certificates of <br />insurance or any coverage for the Lessor. <br />(e) Waiver of Certain Claims. The Tenant shall attempt in good -faith <br />to cause the insurance carrier for each Liability Insurance, Automobile Liability Insurance and <br />Property Insurance policy to agree to a Waiver of Subrogation, if not already in the policy. To the <br />extent that the Tenant actually obtains insurance with a Waiver of Subrogation, the Parties release <br />each other, and their respective authorized representatives, from any claims for damage to any <br />Person or property that are caused by or result from risks insured against under such insurance <br />policies. <br />(f) No Representation. Neither Party makes any representation that the <br />limits, scope, or forms of insurance coverage this Lease requires are adequate or sufficient. <br />(g) No Claims Made Coverage. None of the insurance coverage <br />required under this Lease may be written on a claims -made basis. <br />(h) Fully Paid and Non -Assessable. All insurance obtained and <br />maintained by the Tenant in satisfaction of the requirements of this Lease shall be fully paid for <br />and non -assessable. <br />(i) Lessor Option to Obtain Coverage. During the continuance of an <br />Event of Default arising from the Tenant's failure to carry any insurance required by this Lease, <br />the Lessor may, at its sole option, purchase any such required insurance coverage and the Lessor <br />shall be entitled to immediate payment from the Tenant of any premiums and associated costs paid <br />by the Lessor for such insurance coverage. Any amount becoming due and payable to the Lessor <br />under this Section that is not paid within fifteen (15) calendar days after written demand from the <br />Lessor or for payment of such amount, with an explanation of the amounts demanded, will bear <br />interest from the date of the demand at the rate of ten percent (10%) per annum or the maximum <br />rate allowed by California law, whichever is less. Any election by the Lessor to purchase or not <br />to purchase insurance otherwise required by the terms of this Lease to be carried by the Tenant <br />Page 118 <br />Foorlymoop <br />
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