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Manager shall cause each such insurance company to provide a written subrogation waiver indicating that such insurance company waives all rights of recovery by way of subrogation which such insurance company may acquire against Owner or Manager (as the case may be) and their insurance companies. 4.2.3 Submittal Requirements. For all policies of insurance provided, Manager shall maintain and submit the following: (c) Certificate of Workers' Compensation insurance in the amounts specified in herein together with a Waiver of Subrogation endorsement; (d) Certificate of Liability Insurance for both Commercial General Liability and Auto Liability in the amounts specified in subsection 4.1; (e) Additional Insured Endorsement as required by this section; (f) Waiver of Subrogation Endorsement as required by this section; (g) Primary Insurance Endorsement as required by this section; (h) Policy declaration pages and schedule of forms related to both Commercial General Liability and Auto Liability; and (i) that such policies shall not be cancelled or materially changed without at least thirty (30) days prior written notice to Owner and Manager. 4.3 Subcontractors. Manager shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Manager's Limits of Liability. It is understood that many of the obligations of Manager under this Agreement will be performed by the management staff or other employees at the Facility. Provided that Manager has used reasonable diligence and has not been negligent in the hiring, discharge, and supervision of the employees, it is agreed that Manager shall not be liable to Owner for the failure to perform any duty under this Agreement to the extent that such failure is due to the act or omission of any employee at the Facility, excluding the acts or omissions of the Course Manager, Superintendent, Club Accountant, Head Golf Professional, Membership Director, Private Events Director, and Food and Beverage Director, for which Manager shall be responsible. This Section 4.4 shall not be deemed to relieve Manager from its obligations to manage the Facility, remit funds to Owner, or to carry out any corporate level obligations of Manager. Management Agreement Between June 1, 2020 City of San Leandro and American Golf Corporation Page 15 of 28