Terms and Conditions, Privacy Policy
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Terms and Conditions, Privacy Policy
Insurance Terms and Conditions. Company must maintain the following limits and coverages uninterrupted or amended through the term of this Agreement. In the event Company becomes in default of the following requirements, Authority reserves the right to take whatever actions it deems necessary to protect its interests. Required liability policies other than Workers’ Compensation / Employer’s Liability will provide that Authority, members of Authority’s governing body, and Authority’s officers, volunteers and employees are included as additional insureds.
All policies of insurance to be provided hereunder shall be written by licensed companies which are licensed to write such insurance in California. Each policy of insurance required under Sections 17.1(a) and 17.1(b) may, at Manager’s option, be provided for by a selfinsured program of Manager, as long as Manager is permissibly self-insured for its workers’ compensation benefits exposure by the State of California. Should Manager desire to carry self-insured retention in excess of $100,000 per occurrence on the policies required in 17.1(c), Manager may make such request in writing to Owner and Owner’s Risk Manager shall determine, in Owner’s sole discretion, whether to grant such request. Should Manager elect to carry a selfinsured retention on the policies required in Section 17.1(c), such election shall be subject to the following provision: as respects any rights or coverage issues which may affect Owner, the Owner Indemnified Parties, or any of the Additional Insureds, such self-insurance programs must operate in the same manner as a licensed commercial insurance policy, including, but not limited to, agreement that the Additional Insureds (including Owner) shall have the same rights as Additional Insureds as they would have had if coverage had been provided under an approved commercial insurance policy issued by a state licensed commercial insurance company. Each policy of insurance required under Sections 17.1(f) and 17.1(g) may contain a deductible in an amount not greater than (i) $25,000 for property damage, (ii) $500,000 for flood, and (iii) 10% for earthquake. Should Manager desire to carry a self-insured retention on one or more of these policies in excess of these amounts, Manager may make such request in writing to Owner, and Owner’s Risk Manager shall determine, in Owner’s sole discretion, whether to grant such request. On each policy of insurance required under Sections 17.1(c), 17.1(e), 17.1(g) and 17.1(i), Manager and Owner shall each be specifically and separately included as a named insured on such policies as respects operating, using, maintaining, managing, and otherwise running the Facility and any Parking Area pursuant to this Agreement. Such policies shall, by policy wording or endorsement, include Owner Covered Parties and Manager Covered Parties as covered parties (as opposed to additional insureds) under said insurance, and said insurance shall contain a “severability of interests” clause in favor of all named insureds and covered parties. On each policy of insurance required under Sections 17.1(f) and 17.1(h), Owner, Manager, Trustee and Equity Investor shall be included as named insureds, to the extent obtainable, and if unattainable the other parties will be included as loss payees under a loss payable endorsement, and loss proceeds, if any, from said insurance shall be payable as provided in Sections 22.3 and 22.4, and shall (i) provide that such insurance shall not be invalidated by an action or inaction of Manager, and (ii) insure Owner regardless of any breach or violation by Manager of any warranty, declaration or condition contained in such Insurance. Manager shall not obtain or carry separate insurance concurrent in form or contributing, in the event of loss, with that 4846-6877-6215, v. 29 -9- required by this Section unless Owner, Owner Covered Parties, and the Additional Insureds are included as additional insureds therein, with loss payable as herein provided. Manager shall immediately notify Owner and the Equity Investor whenever any such separate insurance is obtained and shall deliver to Owner and the Equity Investor certificates evidencing the same. Any insurance required hereunder may be provided under blanket policies provided that the coverage afforded shall not, in the opinion of Owner, be reduced or diminished by reason of the use of a blanket policy. Each policy of insurance required under Section 17.1 shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any insurance premium. The provisions to be added to insurance required hereunder shall be added by endorsement, and Owner shall promptly receive a copy of such endorsement. The insurance coverage or bond required under Section 17.1(j) shall be written to the benefit of Manager and Owner, as their interests may appear.” (c) Section 17.3 of the Facility Management Agreement is hereby amended in its entirety to read as follows: “17.3 Handling of Claims and Claims-Related Litigation. Regarding liability claims arising out of the ownership, operation, use, maintenance, management, or otherwise running of the Facility and any Parking Areas, and for which Manager, any Manager Covered Parties, Owner, any Owner Covered Parties, and any Owner Indemnified Parties are all covered under the insurance policy or self-insurance program applicable to such claims, (i) Manager shall be the lead party in the handling of any claims; (ii) Owner shall have the right, but not the obligation, to assume the handling of any claim against Owner, Owner Covered Parties, or Owner Indemnified Parties; (iii) no claim against Manager (and/or the Manager Covered Parties) or Owner (and/or the Owner Covered Parties) shall be settled for an amount in excess of $200,000 by the other party without prior written consent of Owner or Manager, as applicable, provided such consent shall not be unreasonably withheld or delayed; (iv) no claim against both Manager (and/or the Manager Covered Parties) and Owner (and/or the Owner Covered Parties) shall be settled without the mutual agreement of Owner and Manager; and (v) both Manager and Owner shall cooperate (and Manager shall cause the Manager Covered Parties, and Owner shall cause the Owner Covered Parties, to cooperate) with each other in the handling of such claims, including without limitation the investigation, adjusting, and settlement of such claims. As regards any losses under the insurance required in Sections 17.1(f) or 17.1(h), and in those cases in which Manager and Owner are named insureds on the policy, (i) Manager will be the lead party in the handling of such claims; (ii) Owner shall have the right, but not the obligation, to assume the handling of such claims; (iii) no claim shall be settled without the mutual agreement of Owner and Manager, and (iv) both Manager and Owner shall cooperate with each other in the handlings of such claims. As regards any losses under the insurance/bond required in Section 17.1(j), (i) Manager will be the lead party in the handling of such claims; (ii) Owner shall have the right, but not the obligation, to assume the handling of such claims; and (iii) except where Owner has assumed the handling of such claims and fraud or willful misconduct on the part of Manager or a 4846-6877-6215, v. 29 -10- Manager Covered Party in involved, no claims shall be settled without the mutual agreement of Owner and Manager; and (iv) both Manager and Owner shall cooperate with each other in the handlings of such claims. The reasonable costs of handling liability claims, the reasonable costs of pursuing property claims, and the reasonable litigation costs which may arise out of such claims shall be paid (to the extent not others covered by insurance) as an Operating Expense, including such third party costs as may be incurred by Owner.” 10. Extension of NHL Team Agreement and Team Name. Attached as Exhibit 2, is a duly executed, binding agreement between Manager and NHL Team, in which Owner is named a third party beneficiary, amending the NHL Team Agreement to (a) extend the term thereof to June 30, 2048, with five (5) options to renew for successive five (5) year terms concurrent with the Term of this Agreement, and (b) providing for the Team name to continue to be “Anaheim Ducks” which amendment has an effective date no later than the Effective Date of this Amendment. 11. Option to Convert the Facility Management Agreement. Upon at least ninety (90) days’ prior written notice, Manager shall have a one-time right, which shall be exercised, if at all, during the Revised Initial Term, to notify City of Manager’s desire to convert the Facility Management Agreement, as modified by this Amendment, to a long-term lease the terms of which Lease will provide to and impose upon the Parties (without material variation) the same rights, powers, privileges, obligations and duties as are provided to and imposed on the Parties under the Facility Management Agreement as modified by this Amendment (such lease being the “Lease”). Following such notice, the Parties shall then have seventy-five (75) days (the “Lease Documentation Period”) to work in good faith to finalize the Lease in form acceptable to both Parties in their sole discretion. The Parties acknowledge and agree that if agreement is reached, and the form of the Lease is approved by the City Council of Owner, as then constituted, the Parties shall then execute and deliver the Lease and the leasehold estate shall be created in the Manager thereby as tenant under the Lease. The Parties further agree that the Lease negotiations shall not be the basis for any demand or requirement of either of the Parties to, and neither of the Parties shall assert a demand or requirement for, additional consideration, or for a material variation in the rights, powers, privileges, obligations, terms and duties of the Parties set forth in the Facility Management Agreement, as modified by this Amendment, other than such variations as may be required to reflect the legal relationship of parties under a lease (as distinguished from the legal relationships created by the Facility Management Agreement, as modified by this Amendment), including the provision of statutorily permitted remedies routinely provided in leases, the provision of customary covenants, representations and warranties pertaining to the encumbrance of the Facility, the presence and use of hazardous substances or materials and compliance with non-discrimination and other applicable laws and restrictions. The Lease shall be without cost to the Owner, and on demand, Manager shall reimburse legal expenses reasonably incurred by Owner in connection with the Lease negotiation and documentation during the Lease Documentation Period. The Parties agree that the Facility Management Agreement, as modified by this Amendment, is a valid contract and shall not be impaired in any manner whatsoever but shall continue in full force and effect according to its terms unless and until the Lease is executed and becomes effective according to its terms. Neither Party shall have recourse to the other or be deemed in default of this Agreement in the event a Lease is not agreed on following good faith negotiations during the Lease Documentation Period or is not approved by the City Council of Owner. 4846-6877-6215, v. 29 -11- 12. Effect of Amendment; Reaffirmation. Except as expressly amended by this Amendment, the Facility Management Agreement shall remain in full force and effect, and the parties expressly reaffirm their respective obligations thereunder. Nothing in this Amendment is intended to waive any rights of Owner under the Facility Management Agreement, including, but not limited to, all rights and powers of Owner under Section 4 and 10 of the Facility Management Agreement. From and after the Effective Date, all references in any document, instrument or agreement to the Facility Management Agreement shall mean the same, as amended hereby. 13. Counterparts. This Amendment may be signed in any number of counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. 14. Further Modification. This Amendment and each provision of this Amendment may be modified, amended, changed, altered, waived or terminated only by a written instrument signed by the parties.
REFUND POLICY
Refund Policy for RADIUS COMMERCIAL AUTO INSURANCE
At RADIUS COMMERCIAL AUTO INSURANCE, we value our customers and aim to provide the best possible service. We understand that there may be circumstances where you need to request a refund. Please review our refund policy below for guidance on how refunds are processed.
1. Eligibility for Refund:
– Refunds may be considered in cases where:
– Payment was made in error.
– Coverage was canceled before the effective date.
– Overpayment occurred due to policy adjustments.
2. Requesting a Refund:
– To request a refund, please contact our customer service team at [email protected] or 855-572-3487. Be prepared to provide the following information:
– Policyholder’s name.
– Policy number.
– Reason for the refund request.
– Any supporting documentation.
3. Refund Process:
– Refund requests will be reviewed within [10] business days from the date of the request.
– Once approved, refunds will be issued in the original form of payment.
– Refunds for payments made via credit card may take [3-5] business days to appear on your statement, depending on your bank’s processing times.
4. No-Refund Situations:
– Refunds may not be available in the following cases:
– Claims have been filed against the policy.
– The policy has reached its expiration date.
– Refund requests are made after [60] days from the original payment date.
5. Contact Information:
– For any questions or concerns regarding our refund policy, please reach out to our customer service team at [[email protected]] or [855-572-3487].
6. Policy Review:
– DEVON PROPERTY AND CASULTY COMPANY DBA RADIUS COMMERCIAL AUTO INSURANCE reserves the right to review and update this refund policy periodically. Any changes will be posted on our website at [https://radiuscai.com/terms-and-conditions].