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for any loss, injury or damage to EGM or any other person, or to its or their property, <br />irrespective of the cause of such injury, damage or loss, unless, and then only to the <br />extent, it is caused by or results from the gross negligence or willful misconduct of the <br />City or its employees without contributory negligence on the part of EGM or any of its <br />directors, officers, shareholders, employees, agents, invitees, subleasees, lessees or <br />contractors. As a material part of the consideration to the City for this Lease, EGM <br />hereby waives and releases all claims against the City with respect to all matters for <br />which the City has disclaimed liability pursuant to the provisions of this Lease. <br />Section 18. INSURANCE/WAIVER OF SUBROGATION. <br />a. EGM shall, throughout the term of this Lease, at its own expense, <br />keep and maintain in full force and effect each and every one of the following policies, <br />each of which shall be endorsed as needed to provide that the insurance afforded by <br />these policies is primary and that all insurance carried by City or City self-insurance is <br />strictly excess and secondary and shall not contribute with EGM's liability insurance: <br />(i} A policy of commercial general liability insurance, including <br />a contractual liability endorsement covering EGM's obligations under Section 17 above, <br />insuring against claims of bodily injury and death or property damage or loss with a <br />combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence <br />and location. EGM shall include City, and its officers, employees and agents as additional <br />insureds. The limit may be reasonably increased at City's request. <br />(ii} A policy of worker's compensation insurance if and as <br />required by applicable law and employer's liability insurance with limits of no less than <br />One Million and No/100 Dollars ($1,000,000.00). <br />(iii) In the event EGM uses automobiles for the Project, a policy <br />of comprehensive automobile liability insurance, including loading and unloading, and <br />covering owned and hired vehicles with limits of no less than One Million Dollars <br />($1,000,000.00) per occurrence. <br />b. All insurance policies required under this Section 18 shall be with <br />companies having a rating according to Best's Insurance Key Rating Guide for Property — <br />Casualties of no less than A- Class VIII. Each policy shall provide that it is not subject to <br />cancellation, lapse or reduction in coverage except after thirty (30) days' written notice <br />to City. EGM shall deliver to City, prior to the commencement of its occupation of the <br />Property and, from time to time thereafter, at City's request, certificates evidencing the <br />existence and amounts of all such policies and copies of such insurance policies. There <br />shall be no deductible amount applicable with respect to the EGM's policy of commercial <br />general liability insurance, unless approved in advance by City in writing. There shall be <br />0 <br />