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7
<br />7. INSURANCE
<br />Foundation shall procure and maintain for the duration of the Agreement insurance against third party
<br />claims for injuries to persons or damages to City property (“Claims”) which may arise from or in
<br />connection with products and materials supplied to City. Total cost of such insurance shall be borne
<br />by Foundation. The minimum scope and limits required are as follows:
<br />A. Commercial General Liability: coverage shall be at least as broad as Insurance Services Form
<br />CG 00 01 covering CGL on an “occurrence” basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with limits no less
<br />than $1,000,000 per occurrence and $2,000,000 aggregate.
<br />B. If Foundation maintains broader coverage and/or higher limits than the minimums shown
<br />above, City requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by Foundation. Any available insurance proceeds in excess of the specified
<br />minimum limits of insurance and coverage shall be available to City.
<br />C. The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br />are to be covered as additional insureds with respect to liability arising out of work or
<br />operations performed by or on behalf of the City including materials, parts, equipment, and
<br />personnel furnished in connection with such work or operations.
<br />2. If allowed by Foundation’s insurance company, insurance company agrees to waive all
<br />rights of subrogation against City of Santa Ana, its City Council, its officers, officials,
<br />employees, agents, and volunteers for losses paid under the terms of any policy which
<br />arise from work performed by Foundation for City.
<br />3. For any Claims related to this Agreement, Foundation’s insurance coverage shall be
<br />primary and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />4. If allowed by Foundation’s insurance company, a severability of interest provision must
<br />apply for all the additional insureds, ensuring that Foundation’s insurance shall apply
<br />separately to each insured against whom a Claim is made or suit is brought, except with
<br />respect to the insured’s limits of liability.
<br />5. Foundation shall ensure that the insurance policy required herein shall not be canceled,
<br />suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
<br />materially changed except after thirty (30) days prior written notice has been given to City.
<br />Foundation agrees to provide the City with ten (10) days prior written for any policy
<br />cancellation or non-renewal due to non-payment.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: Risk Management Division, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana,
<br />CA 92701.
<br />D. Insurance is to be placed with insurers authorized to conduct business in the state of California
<br />with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
<br />Exhibit 1
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