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Governor’s Office of Land Use and Climate Innovation– Extreme Heat and Community Resilience Program – Round 1 Grant Number: LCI SPPD24132, City of San Leandro Page 19 Exhibit D, Special Terms and Conditions 7. Waiver of Rights A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from LCI, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement. B. Grantee waives all claims and recourses against LCI, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence of LCI, its officers, agents, and employees. C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. 8. Insurance Requirements A. A Grantee that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below. B. If Grantee is not a governmental organization or is a governmental organization that is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements: C. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee or its employees engaged in carrying out any tasks specified in this Grant Agreement: i. Workers’ Compensation Insurance in an amount of not less than the statutory requirement of the State of California (Labor Code, § 3700 et seq.). ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover liability arising out of a motor vehicle including owned or hired, and non- owned motor vehicles. D. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement. E. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted LCI within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance. F. Grantee must notify LCI prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement.