Item 36 - Facilities Use Agreement with Training and Research Foundation

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of an endorsement to TRF's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 1v. Primary Coverage-For any claims related to this contract, TRF's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 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 TRF's insurance and shall not contribute with it. v.Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. vi.Waiver ofSubrogation-TRF hereby grants to City a waiver of any right to subrogation, which any insurer of TRF may acquire against the City by virtue of the payment of any loss under such insurance. TRF agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. vii.Self-Insured Retentions-Self-insured retentions must be declared to and approved by the City. The City may require TRF to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. vm. Acceptability of Insurers-Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. ix.Claims Made Policies-If any of the required policies provide claims-made coverage: 1.The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2.Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of the contract of work. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, TRF must Facilities Use Agreement With Training and Research Foundation 6 Exhibit 1