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08
City of Pleasanton
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CITY CLERK
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2010
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120710
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08
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12/3/2010 10:58:30 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/7/2010
DESTRUCT DATE
15Y
DOCUMENT NO
08
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written permission before individually bonding any individual employee and if allowed shall be <br /> in an amount not less than $10,000. <br /> 9.01.4 Certificates of Insurance. LIFETIME TENNIS shall complete and file with the <br /> City Attorney's Office of the City, within fifteen (15) days of its execution of this Agreement, <br /> and prior to engaging in any operation or activity set forth in this Agreement, certificates of <br /> insurance and endorsements evidencing the coverage's specified above, which shall provide <br /> that no cancellation, change in coverage or nonrenewal by the insurance company(s) will be <br /> made during the term of this Agreement, without thirty (30) days' prior written notice to CITY. <br /> All certificates shall be signed by a person authorized by the insurance company to bind <br /> coverage on its behalf. Neither the procuring of insurance by LIFETIME TENNIS nor the <br /> delivery by LIFETIME TENNIS to CITY of certificates of insurance evidencing such <br /> coverages shall be construed as a limitation of LIFETIME TENNIS's indemnity obligations <br /> under Section 9.04 of this Agreement. <br /> 9.01.5 Inspection of Policies; Change in Coverage Amounts. LIFETIME TENNIS <br /> shall permit CITY, at all reasonable times, to inspect any policies of insurance of LIFETIME <br /> TENNIS covering risks upon the Facilities. CITY reserves the right to change the coverage <br /> limits of the insurance policies set forth above as CITY may deem advisable, in CITY's sole <br /> and absolute discretion. <br /> 9.01.6 Deductibles. LIFETIME TENNIS shall disclose all deductibles to CITY and <br /> obtain written consent for deductibles exceeding $10,000. <br /> 9.02 Waiver of Subrogation. LIFETIME TENNIS shall not assert against the CITY and <br /> waives any claims and rights of recovery for any losses, damages, liability or expenses <br /> (including attorneys' fees) incurred or sustained on account of injury to persons or damage to <br /> property arising from the operations at the Facilities to the extent that the same are covered by <br /> the insurance required under this Article 9. LIFETIME TENNIS hereby grants on behalf of <br /> any insurance company providing insurance covering the Facilities a waiver of any right of <br /> subrogation which any insurer or party may acquire by virtue of payment of any loss under any <br /> insurance policy. LIFETIME TENNIS shall give notice to the insurance companies providing <br /> insurance under this Agreement of the waiver of subrogation contained in this Section 9.02. <br /> 9.03 Umbrella Policy. Notwithstanding any provision of this Article 9.0 to the contrary, <br /> LIFETIME TENNIS's obligation to provide for insurance may he brought within the coverage <br /> of so- called "umbrella" or "blanket" policy or policies of insurance carried and maintained by <br /> LIFETIME TENNIS, provided that: (i) CITY, LIFETIME TENNIS and such other persons as <br /> CITY may specify from time to time are named as additional insureds, to the extent their <br /> interests appear; (ii) the coverage afforded CITY and the other persons will not be reduced or <br /> diminished by reason of the use of such umbrella or blanket policy; and (iii) the other insurance <br /> requirements as set forth in Article 9.0 are satisfied. <br /> 9.04 Indemnification and Hold Harmless. LIFETIME TENNIS shall fully defend, <br /> indemnify and hold harmless CITY and its elective and appointive boards, commissions, <br /> officers, agents, and employees, from and against any and all damages, liabilities, claims, costs <br /> 18 <br />
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