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t - • 99 1� 6375 EXHIBIT "C" TO DEVELOPMENT AGREEMENT (2 pages) INSURANCE REQUIREMENTS The Site Contractor shall procure and maintain until the Site Work has been completed and accepted in accordance with Section 8.2 of the Development Agreement comprehensive general liability insurance with broad form coverage endorsement with combined single limits of not less than $2,000,000 per occurrence. Such insurance must include broad form general liability endorsement and broad form property damage coverage including, but not limited to, damage arising from explosion, collapse of structures or other property and damage to underground utilities and property with any X.C.U. exclusion removed. The insurance must include contractor's protective liability insurance, product and completed operations coverage and contractual liability insurance. The comprehensive general liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. All policies of insurance provided hereunder shall be written on an "occurrence" basis, if available, and, if not, on a "claims made" basis. The above policy of insurance shall name Landlord and Tenant as additional insureds. The Site Contractor shall furnish Landlord and Tenant certificates (and, if requested by Albertson's, with a copy of the insurance policy as well) showing such coverage and showing that coverage will not be cancelled, materially changed or nonrenewed without thirty (30) days prior written notice to Landlord and Tenant. If coverage is obtained by naming Landlord and Tenant as additional insureds, the policy must contain a cross liability clause and a breach of warranty clause and the certificate must so indicate. If the required coverage is obtained through a combination of comprehensive general liability and umbrella coverage, the certificate for umbrella coverage must also show that Landlord and Tenant will be given thirty (30) days prior written notice of cancellation, material change or nonrenewal. The Site Contractor must provide certificates showing statutory worker's compensation coverage and showing employer's liability coverage with minimum limits of $300,000. In addition, the Site Contractor will provide evidence its subcontractors and their subcontractors carry similar coverage. Landlord and Tenant need not be named as additional insureds on the employer's liability coverage or the worker's compensation coverage. Landlord and Tenant must be given thirty (30) days prior written notice of cancellation or nonrenewal of either coverage. The Site Contractor must provide certificates of insurance showing that it maintains comprehensive automobile liability insurance for all owned, nonowned and hired vehicles with single limits of at least $2,000,000 per occurrence. Such coverage must name Landlord and Tenant as additional insureds. The Site Contractor must provide a certificate (and, if requested by Tenant, a copy of the insurance policy as well) showing such coverage and showing that such coverage will not be cancelled, materially changed or nonrenewed without thirty (30) days written notice to Landlord and Tenant. Breach of Warranty Clause As to the interest of any additional insured, the insurance afforded by the policy shall not be invalidated by any breach or violation by the additional insured of an warranties, declarations or Y conditions, but not the exclusions, in the policy, but this shall not prevent exhaustion of the limits of liability by payment on behalf of any insured. Cross Liability Clause The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability.