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Draft 1/4/95 <br /> <br />ARTICLE V <br /> <br /> INSURANCE AND CONDEMNATION <br /> <br /> Secfiof) 5.1. Insurance During Conswacfion. <br /> (a) ',The Developer will provide and maintain, at ali times during the process of <br />construct/on o~ the Minimum Improvements, an All Risk Board Form Basis Insurance Policy and, <br />from time to ttyne during that period, at the request of the City, furnish the City with proof of <br />payment of premiums on policies covering the following: <br /> <br /> 0) Builder's ,,risk insurance, written on the so-called "Builder's Risk -- <br /> Complied Value Basis,' in an amount equal to one hundred percent (100%) of the <br /> insurabl~ value of the Minimum Improvements at the date of completion, and with coverage <br /> availabl~ in non-reporting form on the so-called "all risk" form of policy. The interest of <br /> the City ishall be protected in accordance with a clause in form and content satisfactory to <br /> the City;, r <br /> <br /> (ii) Comprehensive general liability insurance (including operations, contingent <br />liability,': operations of subcontractors, completed operations and contractual liability <br />insuranc{) together with an Owner's/Contractor's Policy with limits against bodily injury <br />and pro~rty damage of not less than $1,000,000 for each occurrence. (To accomplish the <br />above~required l~rnits, an umbrella excess liability policy may be used); and <br /> (iii) Workers' compensation insurance, with statutory coverage. <br /> <br /> Section 5.2. Insurance After Completion. <br /> <br /> (a) U!~n completion of the consnmction of the Minimum Improvements and prior to <br />the Maturity Date~ the Developer shall maintain, or cause to be maintained, at its cost and expense, <br />and from time to 0me, at the request of the City, shall furnish proof of the payment of premiums <br />on, insurance as f~llows: <br /> <br /> (i) Insurance against loss and/or damage to the Minimum Improvements under <br />a policy or policies covering such risks as are ordinarily insured against by similar <br />businessesi <br /> <br /> (ii) Comprehensive general public liability insurance, including personal injury <br />liability (v~ith employee exclusion deleted), against liability for injuries to persons, <br />property, ~ both, in the minimum amount for each occurrence and for each year of <br />$1,000,000 and shall be endorsed to show the City as additional insured. <br /> <br /> (iii) i Such other insurance, including workers' compensation insurance <br />respecting ~ employees of the Developer, in such mount as is customarily carried by like <br />organizat/o~ engaged in like activities of comparable size and liability exposure; provided <br />that the DeVelopers may be self-insured with respect to all or any part of its liability for <br />workers' corhp~nsation. <br /> <br /> (b) All ~surance required in Article V of this' Agreement shall be taken out and <br />rn~intained in respof~sible insurance companies, selected by the Developer, which are authorized <br />under the laws of th~ State to assume the risks covered thereby. Upon request, the Developer will <br />deposit annually, wi~ the City, policies evidencing all such insurance, or a certificate or certificates <br />or binders of the respective insurers stating that such insurance is in force and effect. Unless <br />otherwise provided iff Article V of this Agreement, each policy shall contain a provision that the <br /> <br />Page 10 <br /> <br /> <br />