Laserfiche WebLink
(d) Deliveries to the City. Prior to the commencement of any Due <br />Diligence Investigations, and no later than twenty (20) days before any insurance required by this <br />Agreement expires, is cancelled or its liability limits are reduced or exhausted, the Developer shall <br />deliver to the City certificates of insurance evidencing the Developer's maintenance of all <br />insurance this Agreement requires. Each insurance carrier shall give the City no less than thirty <br />(30) calendar days' advance written Notice of any cancellation, non -renewal, material change in <br />coverage or available limits of liability under any insurance policy required by this Agreement. <br />Also, phrases such as "endeavor to" and "but failure to mail such Notice shall impose no obligation <br />or liability of any kind upon the company" shall not be included in the cancellation wording of any <br />certificates of insurance or any coverage for the City Parties. <br />(e) Waiver of Certain Claims. The Developer shall attempt in good - <br />faith to cause the insurance carrier for each Liability Insurance, Automobile Liability Insurance <br />and Property Insurance policy to agree to a Waiver of Subrogation, if not already in the policy. To <br />the extent that the Developer actually obtains insurance with a Waiver of Subrogation, the Parties <br />release each other, and their respective authorized representatives, from any claims for damage to <br />any 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 Agreement requires are adequate or sufficient. <br />(g) No Claims Made Coverage. None of the insurance coverage <br />required under this Agreement may be written on a claims -made basis. <br />(h) Fully Paid and Non -Assessable. All insurance obtained and <br />maintained by the Developer in satisfaction of the requirements of this Agreement shall be fully <br />paid for and non -assessable. <br />(i) City Option to Obtain Coverage. During the continuance of an <br />Event of Default arising from the Developer's failure to carry any insurance required by this <br />Agreement, the City may, at its sole option, purchase any such required insurance coverage and <br />the City shall be entitled to immediate payment from the Developer of any premiums and <br />associated costs paid by the City for such insurance coverage. Any amount becoming due and <br />payable to the City under this Section 5.9 that is not paid within fifteen (15) calendar days after <br />written demand from the City for payment of such amount, with an explanation of the amounts <br />demanded, will bear interest from the date of the demand at the rate of ten percent (10%) per <br />annum or the maximum rate allowed by California law, whichever is less. Any election by the <br />City to purchase or not to purchase insurance otherwise required by the terms of this Agreement <br />to be carried by the Developer shall not relieve the Developer of its obligation to obtain and <br />maintain any insurance coverage required by this Agreement. <br />0) Cross -Liability; Severability of Interests. All Liability Insurance <br />and Contractor's Insurance shall be endorsed to provide cross -liability coverage for the Developer <br />and the City Parties and to provide severability of interests. <br />31 <br />55394.00049\33239203.12 <br />