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(iii) Manager agrees to procure and maintain, at Owner's expense in accordance with the Annual Plan, at all times during the Term, workers' compensation insurance with limits of not less than $1,000,000 per accident covering all Facility employees who are Manager's employees, as required by law. Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Manager, its employees, agents and subcontractors. This insurance shall provide an endorsement containing express waiver of any right of recovery or subrogation by the insurance company against Owner, its agents and employees. (iv) Employment Practices Liability Insurance in an amount not less than the comprehensive general liability insurance in item 4.1(a) (i) above, as an expense of the Owner in accordance with the approved Annual Plan. (v) Comprehensive crime insurance, in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence, as an Expense of Owner in accordance with the approved Annual Plan. Manager shall be the named insured, and Owner shall be named as an additional insured. Owner acknowledges that Manager's crime insurance contains a self- insured retention of $25,000 ("SIR") and that any and all costs, damages, payments or losses related to any claim, which are less than the SIR, are an expense of the Owner unless Manager owes indemnity to Owner under Section 11.3.1 below. The foregoing are minimum required insurance coverages and do not in any way represent, warrant, or imply that such coverage is sufficient to adequately cover any liability under this agreement. The full coverage and limits of insurance carried by Manager shall be available to Owner and these insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The insurance required under this agreement shall be the greater of the full amount of the insurance coverage and limits carried by or available to Manager, or the minimum insurance requirements set forth above, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to Owner. Manager shall furnish Owner with certificates of insurance, including all required amendatory and additional insured endorsements including Workers' Compensation waiver of subrogation endorsement (or copies of the applicable policy language effecting coverage required by this clause), and a copy of the declarations and endorsement pages of the CGL policy listing all policy endorsements to Owner. Owner reserves the right to require full certified copies of all insurance coverage and endorsements. Owner reserves the right to require and verify that all of Manager's contractors, subcontractors, and third -party service providers maintain the same types of liability insurance coverage with limits of insurance appropriate to their risk meeting all the indemnity and liability requirements stated herein required of Manager under this agreement and provide proof of such upon request to the Owner. Manager shall also require in connection with the service providers, contractors, and subcontractors commercial general liability insurance policies to provide endorsements (i) Management Agreement Between June 1, 2020 City of San Leandro and American Golf Corporation Page 13 of 28