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Project Operating Agmt 02012011
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Project Operating Agmt 02012011
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
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case shall not exceed One Hundred Thousand Dollars S 100000 Such insurance may be <br />maintained as part of or in conjunction with any other insurance coverage carried by the <br />Authority and may be maintained in whole or in part in the form of the participation by the <br />Authority in a joint powers authority or other program providing pooled insurance provided that <br />such insurance may not be maintained by the Authority in the form of self insurance The Net <br />Proceeds of such insurance shall be applied as provided in the Trust Agreement <br />b The Authority shall maintain or cause to be maintained throughout the term of <br />this Operating Agreement a standard comprehensive general insurance policy or policies in <br />protection of the Authority the Users and their respective members officers agents employees <br />designated volunteers and assigns Said policy or policies shall provide for indemnification of <br />said parties against direct or contingent Toss or liability for damages for bodily and personal <br />injury death or property damage occasioned by reason of the operation of the Project as required <br />by the JPA Agreement Such policy or policies shall provide coverage in such liability limits <br />and be subject to such deductibles as the Authority shall deem adequate and prudent Such <br />insurance may be maintained as part of or in conjunction with any other insurance coverage <br />carried by the Authority and may be maintained in whole or in part in the form of self insurance <br />by the Authority subject to the provisions of e below or in the form of the participation by the <br />Authority in a joint powers authority or other program providing pooled insurance The <br />proceeds of such liability insurance shall be applied by the Authority toward extinguishment or <br />satisfaction of the liability with respect to which paid <br />c The Authority will procure and maintain or cause to be procured and maintained <br />workers compensation insurance against liability for compensation under the Workers <br />Compensation Insurance and Safety Act of California or any act hereafter enacted as an <br />amendment or supplement or in lieu thereof such insurance to cover all persons employed by the <br />Authority in connection with the operation of the Project provided that such insurance may be <br />effected under a legal self insurance program <br />d The Authority shall procure and maintain or cause to be procured and <br />maintained throughout the term of the Operating Agreement business interruption or use and <br />occupancy insurance to cover loss total or partial of the use of the Project and the service <br />provided thereby as a result of any of the hazards covered in the insurance required by this <br />Section 410 in an amount at least equal to the Debt Service coming due and payable in the next <br />two 2 consecutive years net of any capitalized interest held pursuant to the Financing <br />Agreement Such insurance may be maintained as part of or in conjunction with any other <br />insurance coverage carried by the Authority and may be maintained in whole or in part in the <br />form of participation in a joint powers authority or other program providing pooled insurance <br />provided that such insurance may not be maintained by the Authority in the form of self <br />insurance The Net Proceeds of such insurance if any shall be paid to the Trustee and deposited <br />in the Revenue Fund and shall be credited towards the User Payments allocable to the insured <br />improvements as the same become due and payable <br />e Insurance required to be maintained by subparagraphs b or c above may be <br />effected under a legal self insurance program so long as i the Authority shall certify to the <br />Trustee that the Authority has segregated amounts in a special insurance reserve meeting the <br />requirements of the applicable subparagraph which segregated reserve may be held by any legal <br />13 <br />Project Operating Agreement 111710 <br />City Attorney Group
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