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RES 2024040
City of Pleasanton
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CITY CLERK
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RES 2024040
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6/18/2024 4:24:22 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
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4879-3324-5885v3 34 <br />waiver of subrogation for the benefit of the City. Owner agrees to waive subrogation rights for <br />commercial general liability, automobile liability, and worker’s compensation against <br />Indemnitees regardless of the applicability of insurance proceeds, and agrees to require all <br />contractors and subcontractors to do likewise. With the exception of E&O policies, if any of the <br />required insurance is provided under a form of coverage that includes an annual aggregate limit or <br />provides that claims investigation or legal defense costs are included in such annual aggregate <br />limit, such annual aggregate limit shall be three times the applicable occurrence limits specified <br />above. <br /> <br />(m) Deductibles/Retentions. Any deductibles or self-insured retentions shall be <br />declared to, and shall be subject to approval by, the City Attorney. At the option of and upon <br />request by the City Attorney if the City Attorney determines that such deductibles or retentions <br />are unreasonably high, either the insurer shall reduce or eliminate such deductibles or self- <br />insurance retentions as respects the Indemnitees or Owner shall procure a bond guaranteeing <br />payment of losses and related investigations, claims administration and defense expenses. <br /> <br /> (n) Adjustments. The limits of the liability coverage and, if necessary, the terms and <br />conditions of insurance, shall be reasonably adjusted from time to time (not less than every five <br />(5) years after the Effective Date nor more than once in every three (3) year period) to address <br />changes in circumstances, including, but not limited to, changes in inflation and the litigation <br />climate in California, provided that such adjustments are consistent with generally prevailing <br />requirements for residential multi-family developments similar to the Project and located in the <br />San Francisco/Alameda County area. Within thirty (30) days following City’s delivery of written <br />notice of any such adjustments, Owner shall provide City with amended or new insurance <br />certificates and endorsements evidencing compliance with such adjustments. <br /> <br /> (o) Additional Insured Coverage; Liability Limits. For all liability insurance required <br />by this Agreement except E&O and Workers’ Compensation policies, Owner (and Owner’s <br />contractors, as applicable) shall obtain endorsements that name the Indemnitees as additional <br />insured in the full amount of all applicable policies, notwithstanding any lesser minimum limits <br />specified in this Agreement. This Agreement requires Owner (and Owner’s contractors) to obtain <br />and provide for the benefit of the Indemnitees, additional insured coverage in the same amount of <br />insurance carried by Owner (or Owner’s contractors, as applicable), but in no event less than the <br />minimum amounts specified in this Agreement. In the event that Owner (or Owner’s contractors <br />as applicable) obtains insurance policies that provide liability coverage in excess of the amounts <br />specified in this Agreement, the actual limits provided by such policies shall be deemed to be the <br />amounts required under this Agreement. Without limiting the foregoing, the limits of liability <br />coverage specified in this Agreement are not intended, nor shall they operate, to limit City’s <br />ability to recover amounts in excess of the minimum amounts specified in this Agreement. <br /> <br /> <br /> <br />
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