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<br />., j, ;... <br /> <br />.. <br /> <br />, <br /> <br />( e) Any certificate of insurance applicable to course of construction insurance <br />to be maintained shall be deposited with City and Agency prior to commencement of <br />construction of any Improvements. <br /> <br />(f) Each policy shall contain an endorsement that provides that the insurance <br />applies separately to each insured that is seeking coverage or against whom a claim is made, <br />except with respect to the limits ofliability. <br /> <br />(g) Each policy shall be written as a primary policy not contributing with and <br />not in excess of coverage that City and Agency may carry. <br /> <br />(h) Each policy shall expressly provide that City and Agency shall not be <br />required to give notice of accidents or claims and that City and Agency shall have no liability for <br />premmms. <br /> <br />E. Blanket Policies. Any insurance provided for in this Exhibit C may be placed by a policy <br />or policies of blanket insurance; provided, however, that such policy or policies provide that the <br />amount of the total insurance allocated to the Property and the Project shall be such as to furnish <br />protection the equivalent of separate policies in the amounts herein required, and provided <br />further that in all other respects any such policy or policies shall comply with the other provisions <br />of this Agreement. <br /> <br />F. Waiver of Subrogation. To the extent permitted by law and the policies of insurance <br />required to be maintained hereunder, and without affecting such insurance coverage, City, <br />Agency and Owner each waive any right to recover against the other (a) damages for injury or <br />death of persons, (b) damage to property, (c) damage to the Property or the Improvements or any <br />part thereof, or (d) claims arising by reason of any of the foregoing, to the extent that such <br />damages and/or claims are covered (and only to the extent of such coverage) by insurance <br />actually carried by either City, Agency or Owner. This provision is intended to restrict each party <br />(as permitted by law) to recover against insurance carriers to the extent of such coverage, and <br />waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right <br />of subrogation in any insurance carrier. <br /> <br />G. Compliance with Policy Requirements. Owner shall observe and comply with the <br />requirements of all policies of public liability, fire and other policies of insurance at any time in <br />force with respect to the Property, and Owner shall so perform and satisfy the requirements of the <br />companies writing such policies that at all times companies of good standing shall be willing to <br />write or to continue such insurance. <br /> <br />817718-5 <br />