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naming Owner as an additional insured, (ii) agreeing that the coverage shall be primary and shall <br />not require contribution from Owner's insurance or self-insurance program, and (iii) a waiver of <br />subrogation rights in favor of Owner. Provided however, the parties acknowledge and agree that <br />Manager is not involved in engaging any contractors, subcontractors or third -party service <br />providers involved in any work being done as referenced in Section 3.7.1 herein, and shall have <br />no responsibility for any insurance requirements related to such contractors, subcontractors or <br />service providers. <br />(b) Owner shall have the right to raise the minimum amount of any insurance to <br />be maintained with respect to the Facility to make such coverage comparable to the amount of <br />insurance carried with respect to other comparable facilities, taking into account the size, <br />character, and location of the Facility. In each Annual Plan, Manager shall submit to Owner a <br />schedule setting forth any recommended changes to the insurance to be maintained by the <br />Manager during the ensuing Annual Plan year in connection with the Facility, including any <br />increase or other change in the expense of such insurance to Owner. <br />4.2 Policies and Endorsements. <br />4.2.1 Policies. All insurance coverage provided for under Section 4.1 above shall <br />be secured through policies issued by insurance companies of good reputation and of sound and <br />adequate financial responsibility maintaining an A.M. Best rating of A:VIII or better. Manager <br />shall deliver to Owner certificates of insurance with respect to all of the policies of insurance so <br />procured, and in the case of insurance about to expire, shall deliver certificates of insurance with <br />respect to renewal policies not less than ten (10) days prior to the respective dates of expiration. <br />4.2.2 Additional Requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />(a) The Insurance shall cover on an occurrence or an accident basis, and not on a <br />claims -made basis. <br />(b) Waiver of Subrogation. Neither Owner nor Manager shall assert against the <br />other, and Owner and Manager hereby waive with respect to each other, any claims and rights <br />of recovery for any losses, damages, liability or expenses (including attorneys' fees) incurred or <br />sustained by either of them on account of injury to persons or damage to property arising out of <br />the ownership, operation, and maintenance of the Facility, , except to the extent that such losses, <br />damages, liability or expenses are due to the sole negligence or willful misconduct of either Party. <br />Owner and Manager hereby grant to each other, on behalf of any insurance company providing <br />insurance under this Agreement, a waiver of any right of subrogation which any insurer or party <br />may acquire against the other party by virtue of payment of any loss under any insurance policy. <br />Owner and Manager shall give notice to the insurance companies providing insurance under this <br />Agreement of the mutual waiver of subrogation contained in this Section, and Owner and <br />Management Agreement Between June 1, 2020 <br />City of San Leandro and American Golf Corporation Page 14 of 28 <br />