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respect to all insurable Improvements within the Common Maintenance Area in an amount equal to 100% <br />of the replacement cost thereof if available at a reasonable cost, as detenmmed by the Board in its sole <br />discretion. The Master Association shall also maintain the insurance required of the Landfill Owners Entity <br />in accordance with the teens and provisions of the LEIA. When requested b) the City, the Master <br />Association will provide evidence (such as certificates of insurance) to the Office of the City Attorney <br />showing such insurance. With respect to the insurance required under the LEIA, the Master Association <br />shall use reasonable efforts to pursue claims thereunder, regardless of any denials of claims by the insurer. <br />The Master Association may obtain such other further policies of insurance as it deems ad\ isable. All <br />policies shall be issued by reputable insurance companies authorized to do business in the state of <br />Washington. <br />4.3. Members' Individual Insurance. Each Member shall maintain Commercial General <br />Liability and property damage insurance in an amount equal to 100% of the replacement cost of its real <br />property (exclusive of such items as land, foundations, excavations, and other items nol iiially excluded <br />from property policies). Each Member shall maintain a liability policy insuring against liability for <br />property damage or bodily inlur) caused by the Member or those for whom each is legally responsible <br />and cover any obligation to pay or reimburse the Master Association for any deductible under the Master <br />Association's property insurance or for any portion of loss not covered by the Master Association's property <br />insurance. The liability policy shall have a limit of liability of at least $1,000,000 per occurrence and <br />$2,000,000 general and complete operation aggregated. Members must obtain the required insurance from <br />insurance carriers authorized to do business in the State of Washington. All policies must provide that <br />coverage may not be canceled without 30 days' written notice to the Master Association The Board may <br />adopt rules that establish additional requirements for such policies, including minimum amounts and types <br />of coverage. The Master Association shall have the right but not the obligation, to monitor the maintenance <br />of such insurance by Members and shall have the right, but not the obligation, to obtain such insurance for <br />a Member if the Member fails to obtain or maintain such insurance, and to specially assess the cost thereof <br />to the Member. <br />4.4. Contractor Pollution Liability. Any Member that is performing substantial construction on <br />the Property that involves substantial grading or subsurface activities subject to the Consent Decree or <br />Clean-up Action Plan pursuant to the Consent Decree, shall obtain or require its contractor(s) to obtain its <br />own contractor pollution liability ("CPL") insui ance or financial assurance for the duration of the <br />construction work, as required by Section 10 of the LEIA, unless the City agrees the development work is <br />sufficiently covered by an existing CPL policy, which consent shall not be unreasonably withheld or <br />delayed. <br />5. PROPERTY COVENANTS <br />5.1. The Lots are subject to matters of record recorded against title to the Property prior to the <br />date of this Master Declaration. Neither the Master Association nor the Members shall take any action <br />which will breach any such undeilymg Property covenants, including but not limited to those covenants <br />set forth in the LF.IA, as applicable and subject to Section 13.3.2 contained therein. In particular, but <br />without limitation, Members shall ensure that their Lot is not used in a manner that is inconsistent with the <br />requirements of any agreements or orders applicable to the Property's methane management and monitoring <br />systems. The Master Association and each Member shall comply with the LEIA, Consent Decree, the <br />CAP/CD (as defined in the LEIA) and its environmental covenant, as i equired pursuant to the terms and <br />provisions of the LEIA, Consent Decree, the CAP/CD and its environmental covenant. The Master <br />Association shall execute and become a party to the LEIA contemporaneously with recording of this <br />Declaration, and shall be deemed the "Landfill Owners Entity" as defined thereunder. The Master <br />10 <br />4864-8276-8240, v. 14 <br />