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Section 4.4, The covenant of this Section 4.4 shall run with the land of the Property and shall be enforceable against Borrower and its successors and assigns in perpetuity. Section 4.5 Insurance Requirements. Prior to the commencement of construction or installation of the City Funded Improvements (or any work related thereto), the Borrower shall furnish, or cause to be furnished, to the City duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in compliance with the following: (a) Coverage shall be at least as broad as: (i). Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (if), Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Borrower has no owned autos, Code 8 (hired) and 9 (non -owned), with Inuit no less than $1,000,000 per accident for bodily injury and property damage. (iii). Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (b) If the Borrower maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Borrower. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (c) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i)Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Borrower including materials, parts, or equipment furnished in connection with such work or operations, General liability coverage can be provided in the form of an endorsement to the Borrower 's insurance (at least as broad as ISO Form CO 20 10 1185 or both CG 2010, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (d) Primary Coverage. For any claims related to this contract, the Borrower's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Borrower's insurance and shall not contribute with it. (e) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City, 55394.00049Wo884170.6 I I