Agmt 1996 Davis Street Community Center

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upon the demised premises in an amount equal to one hundred percent (100 %) of the full replacement cost of all such buildings and improvements. City shall be named an insured and loss payee as its interest may appear on all such policies. City shall make all proceeds of such insurance available to Lessee for repair and restoration of the premises. 2. Recipient shall carry such fire insurance on its equipment, furnishings and other personal property as it may deem appropriate. 3. A certificate evidencing fire and extended insurance coverage shall be filed with City and said certificate shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to City. At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed shall be filed with City. If such coverage is canceled or reduced, Recipient shall, within fifteen (15) days after receipt of written notice from City of such cancellation or reduction in coverage, but in no event later that the effective date of cancellation or reduction, file with City a certificate showing that the required insurance has been reinstated or provided through another company or companies. On failure to so file such certificate, City may without further notice procure the required insurance at Recipient's expense and Recipient shall pay to City City's cost of procurement of such insurance upon receipt of billing from City for said cost. 5. RECIPIENT NO AGENT. Except as City may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Recipient shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Recipient shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Recipient shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Recipient is engaged in the geographical area in which Recipient practices its profession. All instruments of service of whatsoever nature Exhibit D; Page 4 of 5 10/18188 Rev.; 420/89 Rev.;l /10/90 Rev.; 4/16/90 Rev.; 121/92 Rev.; 8/10/92 Rev.; 427/93 Rev.