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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 /> 6 <br />