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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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071922
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08
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7/14/2022 4:09:14 PM
Creation date
7/14/2022 12:45:23 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2022
DESTRUCT DATE
15Y
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If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of <br /> pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured <br /> facility accepting the materials, with coverage in minimum amounts of$1,000,000 per loss,and an annual <br /> aggregate of$2,000,000. <br /> E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must <br /> "follow form"and afford no less coverage than the primary policy. <br /> Other Requirements <br /> F. All policy(ies) required above must include Lessor as "Additional Insured" using ISO Additional <br /> Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage <br /> provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured <br /> Endorsement CG 20 11,provide coverage for Lessor's negligence whether sole or partial,active or passive, <br /> and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. <br /> G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for <br /> recovery of damages to the extent these damages are covered by the workers compensation and employers' <br /> liability or commercial umbrella or excess liability insurance obtained by Lessee required by this <br /> agreement. <br /> H. Punitive damages exclusion, if any,must be deleted (and the deletion indicated on the certificate <br /> of insurance), unless(a) insurance coverage may not lawfully be obtained for any punitive damages that <br /> may arise under this Lease,or(b)all punitive damages are prohibited by all states in which the Premises <br /> are located. <br /> I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or <br /> with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business <br /> in the state where the Premises are located. <br /> J. The fact that insurance is obtained by Lessee,or by Lessor on behalf of Lessee,will not be deemed <br /> to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity <br /> provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited <br /> by the amount of the required insurance coverage. <br />
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