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pursuant to this Agreement, carries statutory Workers' Compensation insurance and Employer's <br />Liability insurance in a minimum amount of One Million Dollars ($1,000,000) per accident. <br />(d) Upon commencement of construction work and continuing until issuance <br />of the final certificate of occupancy or equivalent for the Project, Developer and all contractors <br />working on behalf of Developer shall maintain a policy of builder's all-risk insurance in an <br />amount not less than the full insurable cost of the Project on a replacement cost basis naming <br />City as loss payee. <br />(e) Commencing upon completion of construction of the Project, Developer <br />shall maintain property insurance covering all risks of loss (other than earthquake), including <br />flood (if required) for 100% of the replacement value of the Project with deductible, if any, in an <br />amount acceptable to City, naming City as loss payee. <br />(f) Companies writing the insurance required hereunder shall be licensed to <br />do business in the State of California. Insurance shall be placed with insurers with a current <br />A.M. Best's rating of no less than A: VII. The Commercial General Liability and comprehensive <br />automobile policies required hereunder shall name the Indemnitees as additional insureds. <br />Builder's Risk and property insurance shall name City as loss payee as its interests may appear. <br />(g) Prior to commencement of construction work, Developer shall furnish <br />City with certificates of insurance in form acceptable to City evidencing the required insurance <br />coverage and duly executed endorsements evidencing such additional insured status. The <br />certificates shall contain a statement of obligation on the part of the carrier to notify City of any <br />material adverse change, cancellation, termination or non -renewal of the coverage at least thirty <br />(30) days in advance of the effective date of any such material adverse change, cancellation, <br />termination or non -renewal. Upon City's request, Developer shall furnish complete copies of all <br />insurance policies required under this Agreement. <br />The additional insured endorsements for the general liability coverage shall use <br />Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, <br />including (if used together) CG 2010 10 01 and CG 2037 10 01; but shall not use the following <br />forms: CG 20 10 10 93 or 03 94. Upon request by the City Attorney, Developer shall provide or <br />arrange for the insurer to provide within thirty (30) days of the request, certified copies of the <br />actual insurance policies or relevant portions thereof. <br />(h) If any insurance policy or coverage required hereunder is canceled or <br />reduced, Developer shall, within five (5) days after receipt of notice of such cancellation or <br />reduction in coverage, but in no event later than the effective date of cancellation or reduction, <br />file with City a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, City <br />may, without further notice and at its option, procure such insurance coverage at Developer's <br />expense, and Developer shall promptly reimburse City for such expense upon receipt of billing <br />from City. <br />(1) Coverage provided by Developer shall be primary insurance and shall not <br />be contributing with any insurance, or self-insurance maintained by City, and the policies shall <br />OAK #4845-1087-0362 v5 <br />39 <br />