2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement

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11.6 Certain Other Insurance. If any Agreements signed by Manager prior to the Effective Date (the "Pre-existing Agreements") consist of agreements with independent contractors to provide services in respect of the Facility, Manager shall use its best efforts to cause such contractors to name Manager as an additional insured under any insurance maintained by such contractors pursuant to the terms of such Pre-existing Agreements and in such event to deliver to Manager promptly after request therefor a certified copy of such policy and a certificate evidencing the existence thereof. In addition, if Manager enters into any agreements during the Management Term and any Renewal Term with any independent contractors for the provision of services hereunder, Manager shall have the right to require such contractors to name Manager as an additional insured under any insurance required by Manager thereunder and to deliver to Manager prior to the performance of such services a certified copy of such policy, plus a certificate evidencing the existence thereof, which policy contains the same type of endorsements and provisions as provided in Section 11.2. If Manager does require such contractors to name Manager as an additional insured under any insurance required by Manager, it shall also require such contractors to name the Owner as an additional insured and such policies shall contain the same type of endorsements and provisions as provided in Section 11.2 Manager shall, within ninety (90) days of the date of this Agreement and at least yearly thereafter, review the insurance carried by the Owner and Manager covering the Facility or any of Manager's or the Owner's operations at the Facility, or required of third parties using the Facility, with regard to Manager's experiences at other similar facilities, and shall within fifteen (15) days of such review advise the Owner in writing of the results of its review and of any changes, additions or increases to the insurance requirements hereunder or applicable to third parties which are advisable under best facility management practices. The parties hereto shall each immediately notify the other, along with any applicable insurance carrier(s), in writing of any occurrence or discovery which could result in an insurance claim hereunder. Manager shall require reasonable liability insurance from all third-party licensees, lessees, tenants, and users of the Facility and shall enforce the provisions contained in all third-party contracts entered into in connection with the Facility, including the insurance requirement contained in all Owner approved event license, concessionaire, subcontractor and other similar agreements. All such liability insurance shall name Manager and Orange Owner as additional insureds. 11.7 Self-insured retentions (SIR). SIR must be declared to and approved by the Owner. The Owner may require Manager to purchase coverage with a lower retention or provide proof of ability to pay Losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the SIR shall be satisfied by Manager, but may, at the Owner’s sole discretion, be satisfied by the Owner. The commercial general liability and any policies, including excess liability policies, may not be subject to SIR that exceed $2,500 unless approved in writing by the Owner. Any deductibles and SIR shall be the sole responsibility of Manager and shall not apply to the Owner except as stated in this subsection. Policies shall NOT contain any SIR provision that limits the satisfaction of the SIR to Manager. Owner reserves the right to obtain a copy of any policies and endorsements for verification. Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE