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(e) Companies writing the insurance required hereunder shall be authorized to <br />issue insurance policies in the State of California. Insurance shall be placed with insurers with a <br />current A.M. Best's rating of no less than A: VII. The Commercial General Liability and <br />comprehensive automobile policies required hereunder shall name the Indemnitees as additional <br />insureds. Builder's Risk and property insurance shall name City as loss payee as its interests <br />may appear. <br />(f) Prior to commencement of construction work, Developer shall furnish <br />City with certificates of insurance in form acceptable to City evidencing the required insurance <br />coverage. and duly executed endorsements evidencing such additional insured status. The <br />certificates shall contain a statement of obligation on the part of the carrier to notify City of any <br />material adverse change, cancellation, termination or non - renewal of the coverage at least thirty <br />(30) days in advance of the effective date of any such material adverse change, cancellation, <br />termination or non - renewal. <br />(g) If any insurance policy or coverage required hereunder is canceled or <br />reduced, Developer shall, within twenty -one (21) days after receipt of notice of such cancellation <br />or reduction in coverage, but in no event later than the effective date of cancellation or reduction, <br />file with City a certificate showing that the required insurance has been reinstated or provided <br />through another insurance company or companies. Upon failure to so file such certificate, City <br />may, without further notice and at its option, procure such insurance coverage at Developer's <br />expense, and Developer shall promptly reimburse City for such expense upon receipt. of billing <br />from City. <br />(h) Coverage provided by Developer shall be primary insurance and shall not <br />be contributing with any insurance, or self - insurance maintained by City, and the policies shall <br />so provide. The insurance policies shall contain a waiver of subrogation for the benefit of the <br />City. Developer shall furnish the required certificates and endorsements to City prior to the <br />commencement of construction of the Project, and shall provide City with certified copies of the <br />required insurance policies upon request of City. <br />ARTICLE XI <br />MISCELLANEOUS PROVISIONS <br />11.1 No Brokers. Each Party warrants and represents to the other that no person or <br />entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other <br />compensation with respect to the transactions contemplated by this Agreement. Each Party <br />agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs <br />or liabilities arising in connection with a breach of this warranty and representation. The terms <br />of this Section shall survive the expiration or earlier termination of this Agreement. <br />11.2 Enforced Delay; Extension of Times of Performance. Subject to the limitations <br />set forth below, performance by either Party shall not be deemed to be in default, and all <br />performance and other dates specified in this Agreement shall be extended where delays are due <br />to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, <br />acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental <br />1865087.6 37 <br />