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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 the Project or engaged in services or operations in connection with the Project or <br />the Property. Owner shall require that any contract entered into by Owner with regard to work to <br />be undertaken on the Property or the project include a contractual undertaking by the contractor <br />to provide worker's compensation insurance for its employees in compliance with applicable <br />state law. <br />D. General 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. Within () days of the Effective Date, and thereafter, <br />not less than thirty (30) days prior to the expiration date of each policy furnished pursuant to this <br />Exhibit D , Owner shall deliver to City and Agency certificates evidencing the insurance required <br />to be carried by Owner under this Exhibit D . If requested by Agency, Owner shall deliver within <br />ten (10) days following such request, certified, complete copies of the insurance policies required <br />hereunder. Insurance policies to be provided hereunder shall meet the following requirements: <br />(a) Each policy of insurance obtained pursuant to this <br />Agreement, other than worker's compensation insurance, shall contain endorsements which <br />provide (i) a waiver by the insurer of the right of subrogation against Agency, the City of San <br />Leandro, Owner or any tenant of the Project for negligence of any such person, (ii) a statement <br />that the insurance shall not be invalidated should any insured waive in writing prior to the loss <br />any or all right of recovery against any party for loss accruing to the property described in the <br />insurance policy, and (iii) a provision that no act or omission of Owner which would otherwise <br />result in forfeiture or reduction of the insurance therein provided shall affect or limit the <br />obligation of the insurance company to pay the amount of any loss sustained. <br />(b) By endorsements, Agency and the City of San Leandro, and <br />their respective elected and appointed officials, officers, 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 <br />Cancellation or Change in Coverage Endorsement which shall provide that such policy shall not <br />be cancelled or materially changed without at least thirty (30) days' prior written notice by <br />registered or certified mail to Agency. <br />(d) All insurance policies shall provide that there shall be no <br />exclusion from coverage for cross liability among the listed insureds. <br />1538954.2 23 <br />