foregoing, to the extent required by Civil Code Section 2782.8, the above indemnity shall be
<br />limited to the extent claims arise out of, pertain to, or relate to the negligence, recklessness, or
<br />willful misconduct of Grantee.
<br />(b)Notwithstanding the foregoing, neither Grantee, nor any of its partners,
<br />shall be personally liable for any indemnification obligation hereunder that would result as the
<br />repayment of the Grant.
<br />13.3 Reimbursement of City. With respect to the indemnification obligations under
<br />this Article 14, Grantee shall reimburse City immediately upon written demand for all costs
<br />reasonably incurred by City (including the reasonable fees and expenses of attorneys,
<br />accountants, appraisers and other consultants, whether the same are independent contractors or
<br />employees of City) in connection with the enforcement of the Grant Documents and all related
<br />matters, including all claims, demands, causes of action, liabilities, losses, commissions and
<br />other costs against which City is indemnified under the Grant Documents. Such reimbursement
<br />obligations shall bear interest from the date occurring twenty (20) days after City gives written
<br />demand to Grantee. Such reimbursement obligations shall survive the issuance of a Certificate
<br />of Completion and termination of this Agreement.
<br />14.INSURANCE, CASUALTY AND CONDEMNATION
<br />14.1 Policies Required; Minimum Coverage. Grantee shall procure and maintain for
<br />the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries
<br />to persons or damage to property which may arise from or in connection with the performance of
<br />the work hereunder by the Contractor, its agents, representatives, employees, and sub-
<br />contractors, which meets the following minimum requirements:
<br />(a)Commercial General Liability (CGL). Insurance Services Office (ISO)
<br />Form CG 0001 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 $3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and excess insurance
<br />policies can be used to meet the required limits.
<br />(b)Automobile Liability (AL). Insurance Services Office Form CA 0001
<br />covering Code 1 (any auto), with combined single limit no less than $5,000,000.
<br />(c)Workers’ Compensation (WC). As required by the State of California,
<br />with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000
<br />per accident, policy, employee for bodily injury or disease.
<br />(d)Builder’s Risk (Course of Construction) (BR). Utilizing an “All Risk”
<br />(Special Perils) coverage form, with limits equal to the completed value of the project and no co-
<br />insurance penalty provisions.
<br />(e)Surety Bonds as described below.
<br />(f)Professional Liability (PL). With limits no less than $1,000,000 per
<br />occurrence or claim, and $2,000,000 policy aggregate.
<br />EXHIBIT 2
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