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CARIBOU INDUSTRIES (13)
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CARIBOU INDUSTRIES (13)
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1/11/2023 11:04:32 AM
Creation date
1/11/2023 10:57:23 AM
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Contracts
Company Name
CARIBOU INDUSTRIES
Contract #
A-2020-265-06
Agency
Community Development
Council Approval Date
11/17/2020
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(f) Waiver of Subrogation. Borrower hereby grants to City a waiver of any <br />right to subrogation which any insurer of said Borrower may acquire againstthe City by virtue of <br />the payment of any loss under such insurance. Borrower agrees to obtain any endorsement that <br />may be necessary to affect this waiver of subrogation, but this provision applies regardless of <br />whether or not the City has received a waiver of subrogation endorsement from the insurer, <br />(g) Self -Insured Retentions, Self -insured retentions must be declared to and <br />approved by the City. The City may require the Borrower to purchase coverage with a lower <br />retention or provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. The policy language shall provide, or <br />be endorsed to provide, that the self -insured retention may be satisfied by either the named <br />insured or City. <br />(h) Acceptability of Insurers. Insurance is to be placed with insurers <br />authorized to conduct business in the state with a current A.M. Best's rating of no less than <br />A:VII, unless otherwise acceptable to the City. <br />(i) Claims Made Policies. If any of the required policies provide coverage on <br />a claims -made basis: <br />(i)The Retroactive Date must be shown and must be before the date of the <br />Agreement or the beginning of the City Funded Improvements, <br />(ii)Insurance must be maintained and evidence of insurance must be <br />provided for at least five (5) years after completion of the City Funded Improvements. <br />(iii)l£ coverage is canceled or non -renewed, and not replaced with another <br />claims -made policy form with a Retroactive Date prior to the contract effective date, the <br />Borrower must purchase "extended reporting" coverage for a minimum of five (5) years after <br />completion of the City Funded Improvements . <br />0) Verification of Coverage. Borrower shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or copies of the <br />applicable policy language effecting coverage required by this clause) and a copy of the <br />Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City <br />before work begins. However, failure to obtain the required documents prior to the work <br />beginning shall not waive the Borrower's obligation to provide them. The City,reserves the right <br />to require complete, certified copies of all required insurance policies, including endorsements <br />required by these specifications, at any time. <br />(k) Subcontractors. Borrower shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Borrower shall ensure that <br />City is an additional insured on insurance required from subcontractors, <br />(1) Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, insurer, <br />coverage, or other special circumstances. <br />(m) Survival of Insurance Obligations. The insurance obligations under this <br />Section 4.5 shall survive the expiration or earlier termination of this Agreement, and Insurance <br />55394.0004%40884170.6 12 <br />
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