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Section 4.10. Insurance. <br /> (a) The Authority shall procure and maintain, or cause to be procured and <br /> maintained, throughout the term of this Operating Agreement, casualty insurance against loss or <br /> damage to the Project, in an amount at least equal to the then Outstanding principal amount of <br /> • the Bonds. Such insurance shall, as nearly as practicable, cover loss or damage by explosion, <br /> windstorm, riot, aircraft, vehicle damage, smoke, fire, lightning, vandalism, malicious mischief <br /> and such other hazards as are normally covered by such insurance with extended coverage. Such <br /> insurance shall not cover loss or damage by seismic activity. Such insurance shall be subject to <br /> such deductibles as are customarily maintained by public agencies with respect to works and <br /> properties of a like character, but in any case shall not exceed One Hundred Thousand Dollars <br /> (S100,000). Such insurance may be maintained as part of or in conjunction with any other <br /> insurance coverage carried by the Authority, and may be maintained in whole or in part in the <br /> form of the participation by the Authority in ajoint powers authority or other program providing <br /> • pooled insurance; provided that such insurance may not be maintained by the Authority in the <br /> form of self - insurance. The Net Proceeds of such insurance shall be applied as provided in the <br /> Trust Agreement. <br /> (b) The Authority shall maintain or cause to be maintained throughout the term of <br /> this Operating Agreement, a standard comprehensive general insurance policy or policies in <br /> protection of the Authority, the Users, and their respective members, officers, agents, employees, <br /> designated volunteers and assigns. Said policy or policies shall provide for indemnification of <br /> said parties against direct or contingent loss or liability for damages for bodily and personal <br /> injury, death or property damage occasioned by reason of the operation of the Project as required <br /> by the JPA Agreement. Such policy or policies shall provide coverage in such liability limits <br /> and be subject to such deductibles as the Authority shall deem adequate and prudent. Such <br /> insurance may be maintained as part of or in conjunction with any other insurance coverage <br /> carried by the Authority, and may be maintained in whole or in part in the form of self - insurance <br /> by the Authority, subject to the provisions of (e) below, or in the form of the participation by the <br /> • <br /> Authority in a joint powers authority or other program providing pooled insurance. The <br /> proceeds of such liability insurance shall be applied by the Authority toward extinguishment or <br /> satisfaction of the liability with respect to which paid. <br /> (c) The Authority will procure and maintain, or cause to be procured and maintained, <br /> workers' compensation insurance against Liability for compensation under the Workers' <br /> Compensation Insurance and Safety Act of Califomia, or any act hereafter enacted as an <br /> amendment or supplement or in lieu thereof, such insurance to cover all persons employed by the <br /> Authority in connection with the operation of the Project; provided that such insurance may be <br /> effected under a legal self - insurance program. <br /> (d) The Authority shall procure and maintain, or cause to be procured and <br /> maintained, throughout the term of this Operating Agreement, business interruption or use and <br /> • occupancy insurance to cover loss, total or partial, of the use of the Project and the service <br /> provided thereby as a result of any of the hazards covered in the insurance required by this <br /> Section 4.10, in an amount at least equal to the maximum Debt Service coming due and payable <br /> in any two (2) consecutive years. Such insurance may be maintained as part of or in conjunction <br /> with any other insurance coverage carried by the Authority, and may be maintained in whole or <br /> -12- <br /> Project Operating Agreement 082710 <br />