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Reso 2020-052
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Reso 2020-052
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6/12/2020 2:44:19 PM
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6/12/2020 2:39:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/1/2020
Recorded Document Type
_Other
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PERM
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ARTICLE 4 - INSURANCE <br />4.1 Coverage. <br />(i) Manager agrees to procure and maintain, as an expense of the Owner <br />in accordance with the approved Annual Plan, at all times during the Term, a minimum of the <br />following insurance: Commercial general liability insurance (CGL) for the Facility, at least as broad <br />as Insurance Services Office (ISO) CG 00 01, including without limitation bodily injury, personal <br />injury, property damage, products liability, contractual liability covering the provisions of this <br />Agreement, and liquor liability, in an amount not less than Ten Million Dollars ($10,000,000) <br />single limit per occurrence to be paid as an Expense of the Owner in accordance with the <br />approved Annual Plan. Manager shall be named as the insured under such policy, and Owner <br />shall be named as additional insured for both ongoing and completed operations liability at least <br />as broad as ISO CG 20 10 and ISO CG 20 37, and on a primary and non-contributory basis at least <br />as broad as ISO CG 20 0104 13. Such limits may be achieved through the use of an umbrella or <br />following form Excess Liability insurance sufficient to meet the requirements of this Section. If <br />any Excess or Umbrella Liability policies are used to meet the limits of liability required by this <br />agreement, then said policies shall be "following form" of the underlying policy coverage, terms, <br />conditions, and provisions and shall meet all of the insurance requirements stated in this <br />Agreement, including the additional insured and primary insurance requirements stated herein. <br />The CGL and automobile liability Insurance in this section and section (ii) following shall be <br />guaranteed cost policies not subject to any deductible or SIR. Notwithstanding the foregoing, in <br />the event that the parties should agree in the future that the CGL or automobile liability insurance <br />provided for the course shall have deductibles and/or SIRS, any and all deductibles and SIRS shall <br />be the sole responsibility of Owner, unless Manager owes indemnity to Owner in accordance <br />with section 11.3.1 below. Any and all SIRS must be susceptible of being satisfied under the CGL <br />and Excess policies through payments made by the Owner, additional insured, co-insurers, <br />and/or insureds other than the First Named Insured. The policy must also provide that Defense <br />costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. <br />Owner reserves the right to require a full certified copy of all insurance required in this Article 4 <br />— Insurance. Manager shall provide a certificate of Insurance with copies of all required provisions <br />with respect to all policies and a copy of the Declarations and Endorsements pages for the <br />Commercial General Liability Insurance. <br />(ii) automobile liability insurance in an amount not less than One Million <br />Dollars ($1,000,000) single limit per occurrence, as an Expense of Owner in accordance with the <br />approved Annual Plan. Manager shall be named as the insured under such policy, and Owner <br />shall be named as additional insured. <br />Management Agreement Between June 1, 2020 <br />City of San Leandro and American Golf Corporation Page 12 of 28 <br />
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