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10.05 Comparable Market Data. OPERATOR undertakes a fiduciary role for the CITY, <br /> and covenants to treat CITY's Golf Course in an equitable manner vis -a -vis any other golf <br /> course it may lease or operate. With a reasonable request of CITY, OPERATOR shall provide <br /> comparable market data or information regarding a certain Golf Course Expense item. The <br /> market data or information may not specifically identify a particular golf course to the extent <br /> that it violates any confidentiality or non disclosure agreement. If the information being <br /> provided is not a public record, then the CITY shall keep this information confidential to the <br /> extent allowed by the California Public Records Act. <br /> 11.0 INSURANCE AND INDEMNIFICATION. <br /> 11.01 Insurance Policies. During the term of this Agreement, OPERATOR shall maintain in <br /> full force and effect, as a Direct Cost, the following minimum insurance coverage: <br /> 11.01.1 General Liability and Automobile Liability Insurance. OPERATOR shall take <br /> out and maintain, through the term of this Agreement, the following policies of insurance <br /> placed with insurers authorized to do business in California, with a current A.M. Best's rating <br /> of no less than A: VII or its equivalent, against injury /death to persons or damage to property: <br /> a) Commercial General Liability Insurance on an occurrence basis, at least as <br /> broad as Insurance Services Office Commercial General Liability coverage (occurrence form <br /> CG 0001), with combined single limits (CSL) of not less than $5,000,000 per occurrence. The <br /> policy shall include coverage for dram shop or liquor liability. <br /> b) Automobile Liability Insurance with coverage at least as broad as Insurance <br /> Services Office form CA 0001, Code 1 (any auto), for vehicles used in the performance of this <br /> Agreement with limits of not less than $5,000,000 per accident combined single limit (CSL). <br /> c) The General Liability and Automobile Liability policies are to contain, or be <br /> endorsed to contain, the following provisions: <br /> i. The CITY, its officers, officials, employees and volunteers are to be <br /> covered as additional insureds as respects: liability arising out of <br /> activities performed by or on behalf of the OPERATOR; products and <br /> completed operations of the OPERATOR; premises owned, occupied or <br /> used by the OPERATOR; or automobiles owned, leased, hired or <br /> borrowed by the OPERATOR. The coverage shall contain no special <br /> limitations on the scope of protection afforded to the CITY, its officers, <br /> officials, employees or volunteers. <br /> ii. The OPERATOR's insurance coverage shall be primary insurance as <br /> respects the City, its officers, officials, employees and volunteers. Any <br /> insurance or self insurance maintained by the CITY, its officers, <br /> officials, employees or volunteers shall be excess of the OPERATOR's <br /> insurance and shall not contribute with it. <br /> 36 <br />