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the use(s) permitted by this License, and City may increase such fee from time to time in accordance with
<br /> such policy.
<br /> 8. Insurance.
<br /> (a) Licensee shall procure and keep in effect at all times during the term of this License, at
<br /> Licensee's expense, and cause its contractors and subcontractors to maintain at all times during any
<br /> construction activities on the License Area, insurance as follows: (i) Commercial General Liability
<br /> Insurance with limits not less than Three Million Dollars ($3,000,000) each occurrence combined single
<br /> limit for bodily injury and property damage, including coverages for contractual liability, personal injury,
<br /> independent contractors, explosion, collapse, and underground (XCU), Broad Form Property Damage,
<br /> Sudden and Accidental Pollution, Products Liability, and Completed Operations; (ii) Business
<br /> Automobile Liability Insurance with limits not less than One Million Dollars ($ 1,000,000) each
<br /> occurrence combined single limit for bodily injury and property damage, including coverages for owned,
<br /> non-owned, and hired automobiles, as applicable, if Licensee uses or causes to be used any vehicles in
<br /> connection with its use of the License Area, and (iii) Workers' Compensation Insurance, including
<br /> employer's liability coverage with limits of not less than One Million Dollars ($ 1,000,000) each accident.
<br /> In lieu of the foregoing insurance, Licensee may elect to self-insure by providing City adequate evidence
<br /> of its self-insurance program that is acceptable to City, at its sole discretion. If Licensee elects to self-
<br /> insure, Licensee shall give City written notice of any significant change in or the depletion of its self-
<br /> insurance fund. If, in City's judgment, any such change or depletion results in Licensee's inability to
<br /> adequately cover the risks resulting from the activities permitted on the License Area by this License
<br /> through its self-insurance program, City may require Licensee to obtain promptly the insurance coverages
<br /> required by this License or, if such insurance is not so obtained, terminate this License by delivery of
<br /> notice to Licensee.
<br /> (b) All policies required by this License shall provide for the following: (i) name as
<br /> additional insureds the City and County of San Francisco, its Public Utilities Commission and its
<br /> commissioners, officers, agents, and employees; (ii) specify that such policies are primary insurance to
<br /> any other insurance available to the additional insureds, with respect to any claims arising out of this
<br /> License and that insurance applies separately to each insured against whom claim is made or suit is
<br /> brought, except with respect to the insurer's limit of liability, and (iii) include a waiver of subrogation
<br /> endorsement or provision wherein the insurer acknowledges acceptance of Licensee's waiver of claims
<br /> against City. Such policies shall also provide for severability of interests and that an act or omission of
<br /> one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the
<br /> coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury, or
<br /> damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the
<br /> policy period. Sudden and Accidental Pollution coverage in the liability policies required by this License
<br /> shall be limited to losses resulting from Licensee's activities (and Licensee's Agents and Invitees) under
<br /> this License (excluding nonnegligent aggravation of existing conditions with respect to Hazardous
<br /> Materials).
<br /> (c) All insurance policies required to be maintained by Licensee pursuant to this License
<br /> shall be endorsed to provide thirty (30) days' prior written notice to City of cancellation for any reason,
<br /> intended non-renewal, or reduction in coverage to Licensee. Notice to City shall be mailed to the
<br /> address(es) for City set forth in Section 31 (a) (Notices) below.
<br /> (d) Prior to the Commencement Date of this License, Licensee shall deliver to City
<br /> certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory
<br /> to City, evidencing the coverages required by this License, together with complete copies of the policies
<br /> at City's request. Licensee and its contractors shall submit or cause their respective insurance brokers to
<br /> submit requested information through the Exigis insurance verification program designated by City or any
<br /> successor program used by City for verification of Licensee and contractor insurance coverage. If
<br /> Licensee shall fail to procure such insurance, or to deliver such policies or certificates, at its option, City
<br /> REV J09-1 QO VR09 I/S AN FRANCISCO PUBLIC UTILITIES COMMISSION-REAL ESTATE SERVICES 8 Rev May 2016
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