Agmt 2017 BAL Theater/San Leandro Curtain Call Performing Arts Loan Agreement

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(c) Each policy required hereunder shall include a Notice of Cancellation or Change in Coverage Endorsement which shall provide that such policy shall not be cancelled or materially changed without at least thirty (30) days' prior written notice by registered or certified mail to City. (d) All insurance policies shall provide that there shall be no exclusion from coverage for cross liability among the listed insureds. (e) Any certificate of insurance applicable to course of construction insurance to be maintained shall be deposited with City prior to commencement of construction. (f) Each policy shall contain an endorsement that proves that the insurance applies separately to each insured that is seeking coverage or against whom a claim is made, except with respect to the limits of liability. (g) Each policy shall be written as a primary policy not contributing with and not in excess of coverage that City may carry. (h) Each policy shall expressly provide that shall not be required to give notice of accidents or claims and that City shall not have liability for premiums. F Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Operator shall procure a bond to guarantee payment of losses and related investigations, claim administration and defense expenses. G. Blanket Policies. Any insurance required pursuant to this Exhibit C may be placed by a policy or policies of blanket insurance; provided, however, that such policy or policies provide that the amount of the total insurance allocated to the Property and the Improvements shall be such as to furnish protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects any such policy or policies shall comply with the other provisions of this Exhibit. H. Compliance with Policy Requirements. Operator shall observe and comply with the requirements of all policies of public liability, fire and other policies of insurance at any time in force with respect to the Property, and Operator shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing shall be willing to write or to continue such insurance. 1. Additional Insurance. Operator shall have the right to carry such additional insurance as Operator may desire from time to time or as may be required by any mortgagee with a security interest in the Property. J. Modification to Requirements. The risk manager of the City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected.