Common use of General Insurance Requirements Clause in Contracts

General Insurance Requirements. a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates All of insurance evidencing that the ENGINEER has obtained all required above policies of insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies primary insurance and shall be endorsed to name the CITY an Additional Insured thereonCity, subject to its elected and appointed officers, employees and agents as additional insureds and any defense provided insurance maintained by the policyCity or its officers, as its interests may appearemployees or agents shall apply in excess of, and not contribute with Consultant’s insurance. The term CITY shall include insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its employees, officers, officialsemployees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, agents, and volunteers as respects any additional insured may satisfy the contracted services. c. Certificate(s) self-insured retention. All of said policies of insurance shall document provide that said insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of may not be amended or cancelled by the CITY to attach the required insurance documentation insurer or any party hereto shall not constitute a waiver of the insurance requirements. e. A minimum of without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or material change services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in coverage any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000City. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx901 Texas Street, XxxxxxDenton, Xxxxx 00000Texas 76209. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates 7.1 The types of insurance evidencing that CONSULTANT shall purchase and maintain shall include the ENGINEER specific coverage set forth in SECTION 8 and be written for no less than the limits specified therein for each occurrence, aggregate and per occurrence combined single limit for all liability, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies, including employers liability required in the workers compensation coverage section, and the total amount of coverage required. 7.2 CONSULTANT shall not commence or continue to perform any Assignment unless CONSULTANT has obtained in full force and effect all required insurance, and until all insurance certificates evidencing the specific insurance coverage required have been delivered to or made available to TAMPA BAY WATER for review, unless TAMPA BAY WATER approves commencement or continuation of the Assignment in writing after full disclosure of the absence of any such insurance by CONSULTANT. No payment for services performed hereunder shall be attached become due and payable until such certificates have been delivered or made available for review. CONSULTANT shall not permit any Subconsultant to this AGREEMENT prior to its executionperform any portion of an Assignment, unless all insurance requirements, including workers' compensation insurance, have been complied with by such Subconsultant. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in 7.3 Insurance coverage shall be provided placed with insurers or self-insurance funds, satisfactory to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name)TAMPA BAY WATER, City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized licensed to do business in the State of Texas Florida and countersigned by a resident agent. Insurers shall have an “A” policyholder’s rating and a minimum financial rating of A:V at least Class VIII in accordance with the most current Best’s rating. CONSULTANT shall provide TAMPA BAY WATER with financial information concerning any self-insurance fund insuring CONSULTANT. At TAMPA BAY WATER’s option, a Best’s rating or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent self-insurance fund financial strength and solvency to the satisfaction of Risk Managementinformation may be waived. g. Any deductible 7.4 As evidence of the insurance coverages required by this Agreement, CONSULTANT shall provide TAMPA BAY WATER certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsement(s) provided, all in accordance with the form attached hereto and made a part hereof as Exhibit 3, or self insured retention an XXXXX form as included in excess Exhibit 3 meeting these requirements may be substituted with the consent of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITYTAMPA BAY WATER. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY 7.5 All insurance shall be entitledmaintained in full force and effect throughout the entire term of this Agreement. Required insurance shall provide that TAMPA BAY WATER be notified by certified mail at least 30 days in advance of cancellation, upon its request non-renewal or adverse change. Should any coverage approach expiration during the period in which it is to remain in full force and without incurring expenseeffect, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may it shall be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or renewed prior to the date of the AGREEMENT. The its expiration, and a new certificate of insurance shall state both the retroactive date and that the be provided to TAMPA BAY WATER at least fifteen (15) days prior to coverage is claims-made. k. Coveragesrenewal, whether written on an occurrence or claims-made basis, a binder shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required provided to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER TAMPA BAY WATER at least fifteen (15) days prior to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY renewal with documentation thereof on a certificate of insurance.insurance within fifteen

General Insurance Requirements. a. Certificates of (i) All insurance evidencing that which the ENGINEER has obtained all Borrower is required to maintain shall be satisfactory to the Authority in form, amount and insurer. Such insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies provide that any loss thereunder shall be endorsed to name payable notwithstanding any action, inaction, breach of warranty or condition, breach of declarations, misrepresentations or negligence of the CITY Borrower. Each policy shall contain an Additional Insured thereon, subject to any defense provided agreement by the policyinsurer that, as its interests may appear. The term CITY notwithstanding lapse of a policy for any reason, or right of cancellation by the insurer or any cancellation by the Borrower, such policy shall include its employees, officers, officials, agents, and volunteers as respects continue in full force for the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part benefit of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of Authority for at least thirty (30) days after written notice of cancellation or material change in coverage thereof to the Authority, except that such notice shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of for non-payment of premium. Notice , and no alteration in any such policy shall be sent made except upon thirty (30) days written notice of such proposed alteration to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas Authority and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to written approval by the CITY in writing, if coverage is not provided on a first-dollar basisAuthority. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters Borrower shall provide the Authority with certificates evidencing its due compliance with the requirements of credit may also be acceptable this Section 4. (ii) Prior to the CITYexpiration date of any policy of insurance maintained pursuant to this Loan Agreement, the Borrower shall provide the Authority with a certificate of insurance evidencing the acquisition of a new policy, or an extension or renewal of an existing policy, evidencing the Borrower's due compliance with this Section. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of (iii) If the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, Borrower falls to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof acquire any policy of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with to renew or replace any such policy at least ten (10) days prior to the date of expiration thereof, or fails to keep any such policy in full force and effect, the AGREEMENT. The certificate Authority shall have the option, but not the obligation to pay the premiums on any such policy of insurance shall state both or to take out new insurance in amount, type, coverage and terms satisfactory to the retroactive date and that Authority. Any amounts paid therefor by the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, Authority shall be maintained without interruption nor restrictive modification or changes from date of commencement of immediately due and payable to the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required Authority by the ENGINEER Borrower upon demand. No exercise by the Authority of such option shall in any way affect the provisions of this Loan Agreement, including the provision that failure by the Borrower to maintain the same or reasonably equivalent prescribed insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate constitute an Event of insuranceDefault.

General Insurance Requirements. a. Certificates All of insurance evidencing that the ENGINEER has obtained all required above policies of insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies primary insurance and shall be endorsed to name the CITY an Additional Insured thereonCity, subject to elected and appointed officers, employees and agents as additional insureds and any defense provided insurance maintained by the policyCity or officers, as its interests employees or agents may appearapply in excess of, and not contribute with Contractor’s insurance. The term CITY shall include its employeesinsurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, officialsemployees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, agents, and volunteers as respects any additional insured may satisfy the contracted services. c. Certificate(s) self-insured retention. All of said policies of insurance shall document provide that said insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of may not be amended or cancelled by the CITY to attach the required insurance documentation insurer or any party hereto shall not constitute a waiver of the insurance requirements. e. A minimum of without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or material change in services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (satisfactory only if issued by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized companies qualified to do business in the State of Texas and have a minimum rating of California, rated “A:V ” or greater, better in the current A.M. most recent edition of Best Rating Guide, The Key Rating Guide or have reasonably equivalent in the Federal Register, and only if they are of a financial strength and solvency to the satisfaction of Risk Management. g. Any deductible category Class VII or self insured retention in excess of $25,000.00 that would change or alter the better, unless such requirements herein is subject to approval are waived by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools City’s Risk Manager or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor other designee of the CITY as respects the PROJECTCity due to unique circumstances. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates All of insurance evidencing that the ENGINEER has obtained all required above policies of insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies primary insurance and shall be endorsed to name the CITY an Additional Insured thereonDistrict, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, elected and appointed officers, officialsemployees, agents, and volunteers contractors as respects additional insureds, and any insurance maintained by District or its officers, employees, agents, or contractors may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the contracted services. c. Certificate(s) District, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. All of said policies of insurance shall document provide that said insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of may not be amended or cancelled by the CITY to attach the required insurance documentation insurer or any party hereto shall not constitute a waiver of the insurance requirements. e. A minimum of without providing thirty (30) days prior written notice by certified mail return receipt requested to the District. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.1 to the Contract Officer. No work or material change in services under this Agreement shall commence until the Consultant has provided the District with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the District. District reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to District. The insurance required by this Agreement shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (satisfactory only if issued by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized companies qualified to do business in the State of Texas and have a minimum rating of California, rated “A:V ” or greater, better in the current A.M. most recent edition of Best Rating Guide, The Key Rating Guide Guide, or have reasonably equivalent in the Federal Register, and only if they are of a financial strength and solvency to the satisfaction of Risk Management. g. Any deductible category Class VII or self insured retention in excess of $25,000.00 that would change or alter the better, unless such requirements herein is subject to approval are waived by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools District’s Risk Manager or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor other designee of the CITY as respects the PROJECTDistrict due to unique circumstances. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates of insurance evidencing that The Total Program Manager shall not commence any work under this Agreement nor shall be paid any monies until the ENGINEER Total Program Manager has obtained all insurance required hereunder and such insurance policies have been approved and supplied to the SBBC. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and provision of all required insurance policies is a condition precedent to any payments becoming due to the Total Program Manager. All insurance companies providing policies required under this Agreement shall be attached to have at least an “A-” rating and a financial rating of no less than VI in the current A. M. Best Manual or hold a Xxxxx’x Investors Service Financial Strength of “Aa3” or better. Insurance policies required under this AGREEMENT prior to its execution. b. Applicable policies Agreement shall be endorsed to name the CITY an Additional Insured thereonbe primary of all other valid and collectible coverages maintained by The School Board of Broward County, subject to any defense provided by the policy, as its interests may appearFlorida. The term CITY School Board of Broward County, Florida, shall be named as an additional insured under the General Liability policy including Products Liability and shall include its employees, officers, officials, agents, the SBBC’s project number and volunteers as respects full project title (including applicable facility name) on the contracted services. c. Certificate(s) Certificate. THE TOTAL PROGRAM MANAGER SHALL NOT RECEIVE ANY PAYMENTS UNDER THIS CONTRACT AS LONG AS AND UNTIL ALL INSURANCE POLICIES REQUIRED AT THAT TIME HAVE BEEN PROVIDED TO THE OWNER. The Total Program Manager shall furnish certificates of insurance to the SBBC for review and approval at the time of execution of this Contract and shall document maintain same at all times during the term of this Agreement. The Certificates shall clearly indicate that the Total Program Manager has obtained insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to attach the required insurance documentation hereto shall not constitute a waiver Total Program Manager. No material change or cancellation of the insurance requirements. e. A minimum of shall be effective without a thirty (30) days day prior written notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY SBBC. Providing for all sums which the Total Program Manager shall be legally obligated to pay as damages for claims arising out of or relating to the services performed by the Total Program Manager or any person employed or acting on the Total Program Manager behalf (including but not limited to Sub-Contractors) in writingconnection with this agreement. If Owner, if at its sole discretion, agrees that such coverage is not provided on a first-dollar basis. The CITYcommercially reasonably available, the Owner may, at it its sole discretion, may consent authorize the Total Program Manager to alternative alter the coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with by substituting a waiver of subrogation in favor lower aggregate and/or changing any other terms and conditions of the CITY as respects coverage (including but not limited to deductible amounts) based upon the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date scope of the AGREEMENTproject. The certificate of In the event that extended Professional Liability or other insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same Contract, no additional fees or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurancecosts will be added.

General Insurance Requirements. a. Certificates of The following additional requirements are also 117 313271651.15 applicable: 118 313271651.15 (a) Insurance premiums may be financed but not more than 12 months in advance. All outstanding premiums for the current policy term are to be paid prior to the Effective Date; (b) No insurance evidencing that the ENGINEER has obtained all policy required insurance hereunder shall be attached permitted to this AGREEMENT provide for premium assessments to be made against Lender; (c) The Loan Parties shall provide the following prior to its execution.the Effective Date: b. Applicable policies (i) an Axxxx 25, Axxxx 25S or equivalent certificate of liability insurance and (ii) an Axxxx 28 or equivalent certificate of property insurance, which shall name all Loan Parties as additional insureds and include coverage for all real property owned or leased by a Loan Party; and shall provide endorsements to each policy; (d) Each policy shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall contain not constitute less than a waiver of the insurance requirements. e. A minimum of thirty (30) days day notice to Lender of written cancellation or material change in coverage shall be provided to the CITY. A and not less than ten (10) days prior notice shall be acceptable in the event to Lender of cancellation for non-payment of premium; (e) Prior to the Effective Date and prior to the renewal date of each insurance policy required hereunder, the Loan Parties shall provide certificates of insurance providing evidence that the policies have been renewed; (f) Lender may, at any time, request and be provided, complete copies of the insurance policies providing the coverage required hereunder or copies of specific endorsements supporting the certificates of insurance; (g) Lender to be named (i) the first mortgagee and lender loss payee with respect to the property insurance coverage, and (ii) an additional insured with respect to general liability and umbrella or excess liability insurances, as follows: Pelorus Fund REIT, LLC ISAOA, ATIMA 6000 Xxxxxxxxx Xxx., Xxx. Notice 000 Riverside, CA 92506-3122 (h) A waiver of subrogation shall be sent provided on all policies of insurance waiving rights of recovery against Lxxxxx; (i) The limits of insurance contained herein are minimum limits established by Lender and shall not be construed to mean that Lender represents or warrants that the required limits contained herein are adequate for protection to the respective Department Director Loan Parties; and (j) All policies required pursuant to this Article VIII or the other Loan Documents shall be issued by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be companies authorized to do business in the State of Texas state where the Property is located with a financial strength and have a minimum claims paying ability rating of A:V -VII or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Managementbetter by AM Best. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:: V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self self-insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto ‘necessary to confirm coverages required under the AGREEMENT’, and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates of insurance evidencing that the ENGINEER ARCHITECT has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx901 Texas Street, XxxxxxDenton, Xxxxx 00000Texas 76209. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self self-insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEERARCHITECT 's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER ARCHITECT may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER ARCHITECT shall be required by the ENGINEER ARCHITECT to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEERARCHITECT. When sub consultants/subcontractors maintain insurance coverage, ENGINEER ARCHITECT shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates All of insurance evidencing that the ENGINEER has obtained all required above policies of insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies primary insurance and shall be endorsed to name the CITY an Additional Insured thereonDistrict, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, elected and appointed officers, officialsemployees, agents, and volunteers contractors as respects additional insureds, and any insurance maintained by District or its officers, employees, agents, or contractors may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the contracted services. c. Certificate(s) District, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. All of said policies of insurance shall document provide that said insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of may not be amended or cancelled by the CITY to attach the required insurance documentation insurer or any party hereto shall not constitute a waiver of the insurance requirements. e. A minimum of without providing thirty (30) days prior written notice by certified mail return receipt requested to the District. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.1 to the Contract Officer. No work or material change in services under this Agreement shall commence until the Consultant has provided the District with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the District. District reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to District. The insurance required by this Agreement shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (satisfactory only if issued by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized companies qualified to do business in the State of Texas and have a minimum rating of California, rated “A:V ” or greater, better in the current A.M. most recent edition of Best Rating Guide, The Key Rating Guide Guide, or have reasonably equivalent in the Federal Register, and only if they are of a financial strength and solvency to the satisfaction of Risk Management. g. Any deductible category Class VII or self insured retention in excess of $25,000.00 that would change or alter the better, unless such requirements herein is subject to approval are waived by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools Contract Officer or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor other designee of the CITY as respects the PROJECTDistrict due to unique circumstances. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.

General Insurance Requirements. a. Certificates During the Term, Tenant shall at all times keep the Leased Property, and all property located in or on the applicable Leased Property, including all Personal Property, insured with the kinds and amounts of insurance evidencing that the ENGINEER has obtained all required described below. This insurance shall be attached written by companies authorized to this AGREEMENT do insurance business in the State. All such policies provided and maintained during the Term shall be written by companies having a rating classification of not less than "A-VI" and a financial size category of "Class X," according to the then most recent issue of Best's Key Rating Guide. The policies (other than Workers' Compensation policies) shall name Landlord as an additional insured. Losses shall be payable to Landlord and Tenant and disbursed as provided in Article 14. Tenant shall pay when due all of the premiums for the insurance required hereunder, and deliver certificates thereof (in form and substance reasonably satisfactory to Landlord) to Landlord prior to its execution. b. Applicable policies their effective date, or, with respect to any renewal policy, prior to the expiration of the existing policy. In the event of the failure of Tenant either to effect such insurance as herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord at the times required, Landlord shall be endorsed entitled, but shall have no obligation, to name effect such insurance and pay the CITY an Additional Insured thereonpremiums therefor when due, subject which premiums shall be repayable to any defense provided by the policy, Landlord upon written demand therefor as its interests may appear. The term CITY shall include its employees, officers, officials, agentsRent, and volunteers as respects failure to repay the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of same within thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. after Notice shall be sent to the respective Department Director (by name), City constitute an Event of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basisDefault. The CITYpolicies on each Leased Property, at it sole discretionincluding the Leased Improvements and Fixtures, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to and on the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basisPersonal Property, shall contain a retroactive date coincident with insure against the following risks: 13.1.1 Loss or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date damage by fire, vandalism and that the malicious mischief, earthquake (if available at commercially reasonable rates) and extended coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.perils commonly known as

General Insurance Requirements. a. Certificates 1. The Consultant must complete and forward the Owner's standard certificate of insurance evidencing that to the ENGINEER has obtained all Owner before the Agreement is executed, as verification of coverage required in Subsections VI.A.1 through VI.A.4 above. The Consultant shall not commence services until the required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided has been obtained and until such insurance has been reviewed by the policy, as its interests may appearOwner's Capital Contracting Office. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) Approval of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure by the Owner does not relieve or decrease the liability of the Consultant hereunder and must not be construed to be a limitation of liability on the part of the CITY Consultant 2. Applicable to attach all insurance policies: If coverage is underwritten on a claims-made basis, the required retroactive date must be coincident with or prior to the date of this Agreement and the certificate of insurance documentation hereto must state that the coverage is claims made and the retroactive date. The Consultant shall maintain continuous coverage for the duration of this Agreement and for not constitute a waiver less than twenty-four (24) months following substantial completion of the Project. Coverage, including any renewals, must have the same retroactive date as the original policy applicable to the Project. The Consultant shall, on at least an annual basis, provide the Owner with a certificate of insurance requirementsas evidence of such insurance. e. A minimum of thirty (30) days notice of cancellation or material change in 3. The Consultant's insurance coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be authorized written by companies licensed or approved to do business in the State of Texas at the time the policies are issued and have a minimum rating must be written by companies with A.M. Best ratings of A:V B+VII or greater, better unless otherwise required in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength Supplemental Terms and solvency Conditions of this Agreement. 4. All endorsements naming the Owner as additional insured, waivers, and notices of cancellation endorsements as well as the certificate of insurance will indicate: City of Austin, Capital Xxxxxxxxxxx Xxxxxx, X. X. Xxx 0000, Xxxxxx, Xxxxx 00000. 5. The "other" insurance clause will not apply to the satisfaction of Risk ManagementOwner where the Owner is an additional insured shown on any policy. It is intended that policies required in the Agreement, covering both the Owner and the Consultant, be considered primary coverage as applicable. In addition, any limitation in Subsection XI.F below, notwithstanding, when the Consultant names the City as an additional insured party under its general liability policy, the Consultant will require that the policy provides any defense provided by the policy. In addition, any limitation in Subsection VI.B.6 below, notwithstanding, when the Consultant names the City as an additional insured party under its general liability policy, the Consultant will require that the policy provides any defense provided by the policy. g. Any deductible 6. If insurance policies are not written for amounts specified above, the Consultant shall carry Umbrella or self insured retention Excess Liability Insurance for any differences in excess amounts specified. If Excess Liability Insurance is provided, it must follow the form of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basisprimary coverage. 7. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY Owner shall be entitled, upon its request and without incurring expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. 8. The Owner reserves the right to review the ENGINEER's insurance policies including endorsements thereto andrequirements set forth during the effective period of this Agreement and to make reasonable adjustments to insurance coverage, at limits and exclusions when deemed necessary and prudent by the CITY's discretion; Owner based upon changes in statutory law, court decisions, the ENGINEER may be required to provide proof claims history of the industry or financial condition of the insurance premium paymentscompany as well as the Consultant. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, 9. The Consultant shall contain a retroactive date coincident with or prior not cause any insurance to be canceled nor permit any insurance to lapse during the date term of the AGREEMENTAgreement or as required in the Agreement. 10. The certificate of insurance Consultant shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants premiums, deductibles and subcontractors to/of the ENGINEER self- insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be required by disclosed on the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 11. The Consultant shall provide Owner thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicated within the Agreement. 12. If Owner-owned property is being transported or stored off-site by the Consultant, the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect Owner's property. 13. The insurance coverages required under this Agreement are required minimums and are not intended to limit the responsibility or liability of the Consultant.

General Insurance Requirements. a. Certificates of The following additional requirements are also 116 313271651.15 applicable: 117 313271651.15 (a) Insurance premiums may be financed but not more than 12 months in advance. All outstanding premiums for the current policy term are to be paid prior to the Effective Date; (b) No insurance evidencing that the ENGINEER has obtained all policy required insurance hereunder shall be attached permitted to this AGREEMENT provide for premium assessments to be made against Lender; (c) The Loan Parties shall provide the following prior to its execution.the Effective Date: b. Applicable policies (i) an Axxxx 25, Axxxx 25S or equivalent certificate of liability insurance and (ii) an Axxxx 28 or equivalent certificate of property insurance, which shall name all Loan Parties as additional insureds and include coverage for all real property owned or leased by a Loan Party; and shall provide endorsements to each policy; (d) Each policy shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall contain not constitute less than a waiver of the insurance requirements. e. A minimum of thirty (30) days day notice to Lender of written cancellation or material change in coverage shall be provided to the CITY. A and not less than ten (10) days prior notice shall be acceptable in the event to Lender of cancellation for non-payment of premium; (e) Prior to the Effective Date and prior to the renewal date of each insurance policy required hereunder, the Loan Parties shall provide certificates of insurance providing evidence that the policies have been renewed; (f) Lender may, at any time, request and be provided, complete copies of the insurance policies providing the coverage required hereunder or copies of specific endorsements supporting the certificates of insurance; (g) Lender to be named (i) the first mortgagee and lender loss payee with respect to the property insurance coverage, and (ii) an additional insured with respect to general liability and umbrella or excess liability insurances, as follows: Pelorus Fund REIT, LLC ISAOA, ATIMA 6000 Xxxxxxxxx Xxx., Xxx. Notice 000 Riverside, CA 92506-3122 (h) A waiver of subrogation shall be sent provided on all policies of insurance waiving rights of recovery against Lxxxxx; (i) The limits of insurance contained herein are minimum limits established by Lender and shall not be construed to mean that Lender represents or warrants that the required limits contained herein are adequate for protection to the respective Department Director Loan Parties; and (j) All policies required pursuant to this Article VIII or the other Loan Documents shall be issued by name), City of Xxxxxx, 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxx 00000. f. Insurers for all policies must be companies authorized to do business in the State of Texas state where the Property is located with a financial strength and have a minimum claims paying ability rating of A:V -VII or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Managementbetter by AM Best. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.