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(iii) Worker's compensation insurance, with statutory coverage and employer's <br />liability protection. <br />(b) After completion of construction of the Minimum Improvements, the Multifamily <br />Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to <br />time at the request of the City shall furnish proof of the payment of premiums on, insurance as <br />follows: <br />(i) Insurance against loss and/or damage to the Minimum Improvements <br />under a policy or policies covering such risks as are ordinarily insured against by similar <br />businesses, including (without limiting the generality of the foregoing) fire, extended <br />coverage, all risk vandalism and malicious mischief, boiler explosion, water damage, <br />demolition cost, debris removal, and collapse in an amount not less than the full insurable <br />replacement value of the Minimum Improvements, but any such policy may have a <br />deductible amount of not more than $25,000. No policy of insurance shall be so written <br />that the proceeds thereof will produce less than the minimum coverage required by the <br />preceding sentence, by reason of co-insurance provisions or otherwise, without the prior <br />consent thereto in writing by the City. The term "full insurable replacement value" shall <br />mean the actual replacement cost of the Minimum Improvements (excluding foundation <br />and excavation costs and costs of underground flues, pipes, drains and other uninsurable <br />items) and equipment, and shall be determined from time to time at the request of the <br />City, but not more frequently than once every three years, by an insurance consultant or <br />insurer, selected and paid for by the Multifamily Developer and approved by the City. <br />(ii) Comprehensive general public liability insurance, including personal <br />injury liability (with employee exclusion deleted), and automobile insurance, including <br />owned, non-owned and hired automobiles, against liability for injuries to persons and/or <br />property, in the minimum amount for each occurrence and for each year of <br />$2,000,000.00. <br />(iii) Such other insurance, including worker's compensation insurance <br />respecting all employees of the Multifamily Developer, in such amount as is customarily <br />carried by like organizations engaged in like activities of comparable size and liability <br />exposure; provided that the Multifamily Developer may be self-insured with respect to all <br />or any part of its liability for worker's compensation. <br />(c) The policies of insurance required pursuant to Subsections (a) and (b) above shall <br />be in form and content satisfactory to the City and shall be placed with financially sound and <br />reputable insurers licensed to transact business in the State, the liability insurer to be rated A or <br />better in Best's Insurance Guide and shall contain an agreement of the insurer to give not less <br />than thirty (30) days' advance written notice to the City in the event of cancellation of such <br />policy or change affecting the coverage thereunder and shall name the City as an additional <br />named insured or loss payee, as appropriate. <br />• <br />:~ ~~_*:, .~--~~J;~ ~ December 29, 2003 <br />9y <br />