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(b) Insurance. Developer shall have furnished the Agency with proper evidence of the following forms of insurance coverage: (i) General Conditions - Without limiting the Developer's indemnification of the Agency and the City, Developer shall provide and maintain at its own expense or shall cause its contractor to provide and maintain the insurance listed under paragraph (vii) hereof (Evidence of Coverages) covering its operations, subject to the following conditions: (A) The Agency, the City, their boards, officers, agents, and.employees shall be included as additional insured in all insurance policies except for Workers' Compensation and Professional Errors and Omissions. • (B) Such insurance shall be primary with respect to any insurance maintained by the Agency or the City and shall not call on Agency or City's insurance, self- insurance or joint self- insurance for contributions. (C) With respect to the interests of the Agency or the City, the Developer's insurance shall not be cancelled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the Agency, and shall contain an unequivocal clause so stating. (D) An Agency approved endorsement or certified copy of insurance policy providing coverage shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or tenancy, which approval shall not be unreasonably withheld. (ii) Workers' Compensation - The Developer shall cause its contractor to procure and maintain until the completion of the Developer Improvements workers' compensation insurance or a valid certificate of consent to self - insure for all its employees engaged on or at the site of the project; for any of the work which is contracted or sublet, the Developer shall require all contractors and subcontractors to similarly provide workers' compensation insurance for all the latter's employees unless such employees are covered by protection afforded by workers' compensation insurance carried by the Developer. Developer hereby certifies that it is aware of the provisions of Section 3700, et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation. (iii) Aggregate Limits/Blanket Coverage - If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the Developer outside these specifications, Developer shall give Agency prompt, written notice of any incident, occurrence, claim, settlement, or judgment against that insurance which may diminish the protection that such insurance affords the Agency. Developer shall further take immediate steps restoring such aggregate limits or shall provide the insurance protection for such aggregate limits. (iv) Modification of Coverage - The amount of insurance required hereunder shall be revised, not more than once in every ten year period, upon the recommendation of the City's Risk Manager, in accordance with the increases in the consumer price index for all items which is published by the United States Department of Labor applicable to the San 17 DOCSOC1746041 v4\24258.0002