02-10-14 Regular Meeting of La Porte City Council

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Liability coverage and the Auto Liability coverage for at least twice the combined minimum limits specified above. th The amounts of the insurance required herein shall be reviewed on the fifth (5) anniversary date th of this Agreement and each fifth (5) year thereafter until the construction of the Project is completed and shall be increased, if necessary, so that the amount of such coverage is at all times generally equal to the limitsdescribed herein measured in year 2006 dollars. (A)Form of Policies. The Authority Boardmay approve the form of the insurance policies, but nothing the Authority Boarddoes or fails to do relieves Developer of its obligation to provide the required coverage under this Agreement. The Authority Board’s actions or inactions do not waive the Zone’s or Authority’s rights under this Agreement. (B)Issuers of Policies. The issuer of each policy shall have a certificate of authority to transact insurance business in Texas or a Best’s rating of at least A and a Best’s Financial Size Category of Class VI or better, according to the most current edition Best’s Key Rating Guide, Property Casualty United States. (C)Insured Parties. Each policy, except those for Workers’ Compensation, Employer’s Liability, and Professional Liability, must name the Authority, its officers, agents and employees as additional insured parties on the original policy and all renewals or replacements. (D)Deductibles. Developer shall be responsible for and bear (or shall contract with each applicable contractor to bear and assume) any claims or losses to the extent of any deductible amounts and waives (and shall contract with each contractor to waive) any claim it may have for the same against the Authorityor Zone, its officers, agents, or employees. (E)Cancellation. Each policy must state that it may not be canceled, materially modified, or non-renewed unless the insurance company gives the Authority 30 days’ advance written notice. Developer shall (and shall contract with each contractor to) give written notice to the Authority within five days of the date on which total claims by any party against such person reduce the aggregate amount of coverage below the amounts required by this Agreement. In the alternative, the policy may contain an endorsement establishing a policy aggregate for the particular Public Improvements or location subject to this Agreement. (F)Subrogation. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against the Authority, the Zone, its officers, agents, or employees. (G)Primary Insurance Endorsement. Each policy, except Workers’ Compensation and Professional Liability (if any), must contain an endorsement that the policy is primary to any other insurance available to the additional insured with respect to claims arising under this Agreement. 13 HOU:3372249.1