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(LESLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein.

4.3.4 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to the City before any work is initiated under this Agreement.

Commercial General Liability Insurance Endorsements

ADDITIONAL INSURED. To the fullest extent allowed by law including but not limited to California Insurance Code Section 11580.04, the policy or policies must be endorsed to include as an insured the City and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by the Artist or on the Artist’s behalf, (b) the Artist’s products, (c) the Artist’s work, including but not limited to the Artist’s completed operations performed by the Artist or on the Artist’s behalf, or (d) premises owned, leased, controlled or used by the Artist.

PRIMARY AND NON-CONTRIBUTORY COVERAGE. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives as respects operations of the named insured. Any insurance maintained by the City and its elected officials, officers, employees, agents and representatives shall be in excess of the Artist’s insurance and shall not contribute to it.

SEVERABILITY OF INTEREST. The policy or policies must be endorsed to provide that the Artist’s insurance shall apply separately to each insured against whom claim is made or suit is bought, except with respect to the limits of the insurer’s liability and shall provide cross- liability coverage.

Automobile Liability Insurance Endorsements

ADDITIONAL INSURED. To the fullest extent allowed by law including but not limited to California Insurance Code Section 11580.04, the policy or policies must be endorsed to include as an insured the City and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobile owned, leased, hired or borrowed by or on behalf of the Artist.

SEVERABILITY OF INTEREST. The policy or policies must be endorsed to provide that Artist’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross- liability coverage.

Worker’s Compensation and Employer’s Liability Insurance Endorsements

WAIVER OF SUBROGATION. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against the City and its respective elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the named insured for the City.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 15 of 38

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