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Inst 2010379781
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Inst 2010379781
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1/14/2011 3:06:16 PM
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1/14/2011 3:02:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/15/2010
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
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PERM
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Inst 2010379782
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\City Clerk\City Council\Recorded Documents\2010
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(I) 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 of liability. <br /> (g) Each policy shall be written as a primary policy not contributing with and <br /> not in excess of coverage that Agency may carry. <br /> (h) Each policy shall expressly provide that Agency shall not be required to <br /> give notice of accidents or claims and that Agency shall have no liability for premiums. <br /> E. Blanket Policies. Any insurance provided for in this Exhibit D 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 /> 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, Agency and <br /> Owner each waive any right to recover against the other (a) damages for injury or death of <br /> persons, (b) damage to property, (c) damage to the Property, the Project or the Improvements or <br /> any 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 Agency or Owner. This provision is intended to restrict each party (as <br /> permitted by law) to recover against insurance carriers to the extent of such coverage, and waive <br /> fully, and for the benefit of each, any rights and /or claims which might give rise to a right of <br /> subrogation in any insurance carrier. <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 the Project, and Owner shall so perform and satisfy the <br /> requirements of the companies writing such policies that at all times companies of good standing <br /> shall be willing to write or to continue such insurance. <br /> 1538954.5 24 <br />
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