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(e} personal injury endorsement. <br />C. Worker's Compensation Insurance. Worker's compensation insurance, in the amount <br />required under then applicable state law, covering Owner's employees, if any, at work in or upon <br />the Property or engaged in services or operations in connection with the Project or the Property. <br />Owner shall xequire that any contract entered into by Owner with regard to work to be undertaken <br />on the Property include a contractual undertaking by the contractor to provide worker's <br />compensation insurance for its employees in compliance with applicable state law. <br />D. Genexal Insurance Provisions. All policies of insurance provided for in this Exhibit shall <br />be provided under valid and enforceable policies, in such forms and amounts as hereinbefore <br />specified, issued by insurers licensed to do business in the State of California (or approved to do <br />business in California and listed on the California Department of Insurance list of Eligible <br />Surplus Lines Insurers or successor listing} and having a rating of A-VII or better in Best <br />Insurance Guide or, if Best Insurance Guide is no longer in existence, a comparable rating from a <br />comparable rating service. Prior to the issuance of building permits for the Project, and <br />thereafter, not less than thirty (30) days prior to the expiration date of each policy furnished <br />pursuant to this Exhibit C, Owner shall deliver to City and Agency certificates evidencing the <br />insurance required to be carried by Owner under this Exhibit C. If requested by City and <br />Agency, Owner shall deliver within ten (10) days following such request, certified, complete <br />copies of the insurance policies required hereunder. Insurance policies to be provided hereunder <br />shall meet the following requirements: <br />(a) Each policy of insurance obtained pursuant to this Agreement, other than <br />worker's compensation insurance, shall contain endorsements which provide (i) a waiver by the <br />insurer of the right of subrogation against Agency, the City of San Leandro, Owner or any tenant <br />of the Project for negligence of any such person, (ii) a statement that the insurance shall not be <br />invalidated should any insured waive in writing prior to the loss any or all right of recovery <br />against any party for loss accruing to the property described in the insurance policy, and (iii) a <br />provision that no act or omission of Owner which would otherwise result in forfeiture or <br />reduction of the insurance therein provided shall affect or Iimit the obligation of the insurance <br />company to pay the amount of any lass sustained. <br />{b) By endorsements, Agency and the City of San Leandro, and their <br />respective elected and appointed officials, offcers, employees and agents shall be named as <br />additional insured under the liability insurance required to be maintained by Owner hereunder. <br />City and Agency shall be named as loss payee on the property insurance policies required to be <br />maintained hereunder. <br />{c) Each policy required hereunder shall include a Notice of Cancellation or <br />Change in Coverage Endorsement which shall provide that such policy shall not be cancelled or <br />materially changed without at least thirty (30) days' prior written notice by registered or certified <br />mail to City and Agency. <br />(d} All insurance policies shall provide that there shall be no exclusion from <br />coverage for cross liability among the listed insureds. <br />AivIENDED AND RESTATED REGULATORY AGREEMENT 2 5 <br />MISSION BELL APARTMENTS <br />1227466-8 <br />