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4 <br />4938-7843-1333, v. 1 <br />Manager shall include City, and its officers, employees and agents as additional insureds. The <br />limit may be reasonably increased at City’s request. <br />II. A policy of worker’s compensation insurance if and as required by <br />applicable law and employer’s liability insurance with limits of no less than One Million and <br />No/100 Dollars ($1,000,000.00). <br />III. In the event Manager uses automobiles for the Project, a policy of <br />comprehensive automobile liability insurance, including loading and unloading, and covering <br />owned and hired vehicles with limits of no less than One Million Dollars ($1,000,000.00) per <br />occurrence. <br /> The insurance policy required under this Section shall be with companies having a <br />rating according to Best’s Insurance Key Rating Guide for Property – Casualties of no less than A- <br />Class VIII. The policy shall provide that it is not subject to cancellation, lapse or reduction in <br />coverage except after thirty (30) days’ written notice to the City. Manager shall deliver to the <br />City, prior to the commencement of its occupation of the Property and from time to time <br />thereafter, at the City’s request, certificates evidencing the existence and amounts of such policy <br />and copies of such insurance policy. If Manager fails to acquire or maintain any insurance or <br />provide evidence of insurance required by this Section, City may, but shall not be required to, <br />obtain such insurance or evidence and the costs associated with obtaining such insurance or <br />evidence shall be payable by Manager to City on demand together with a fee for overhead and <br />administrative expenses equal to 10% of such costs. <br />13. HAZARDOUS MATERIALS. <br /> Manager shall not cause or permit any storage, use, sale, release, generation or disposal <br />of any hazardous materials (as defined under state or federal environmental laws) in, on or about <br />the Property; provided, however, Manager shall be permitted without notice or the City’s written <br />consent to handle, store, use or dispose of products containing small quantities of such <br />hazardous materials, such as ordinary cleaning and ordinary maintenance products used by <br />Manager for cleaning and maintenance in the reasonable and prudent conduct of the Project on <br />the Property. Manager further covenants and agrees that, at all times during the Term of this <br />Agreement, Manager shall comply with all applicable environmental laws (as defined below), <br />now or hereafter in effect, regulating Manager’s occupation and/or operation and/or use of the <br />Property. <br />14. MISCELLANEOUS <br />(a) Notices. All notices to be given by the parties shall be in writing and may <br />either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited <br />in the United States mail, postage prepaid, to the notice addresses provided in Part A of this <br />Agreement. A party may change its notice address effective on written notice to the other party. <br />In lieu of the foregoing, the City may deliver any notice to the Manager’s email address in Part A, <br />in which case the notice shall be deemed delivered and effective upon sending. <br />(b) No Waiver of Covenants. No waiver of any default hereunder shall be <br />implied from any omission by either party to take any action on account of such default if such <br />default persists or is repeated and no express waiver shall affect any default other than the