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17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following <br /> insurance coverage. The insurance carrier is required to maintain an A.M . Bet rating of <br /> not less than "A:VII": <br /> A. Commercial General Liability Insurance. Commercial general liability <br /> insurance written on an occurrence basis, on a form that provides coverage at least as <br /> broad as form ISO CG 00 01 covering the insured with a duty to defend against claims of <br /> bodily injury, personal injury and property damage arising out of LICENSEE's activities <br /> (which shall include the Activities described in Section 4 above), assumed liabilities, or <br /> use of the City Property, including contractual liability coverage for the performance by <br /> LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for <br /> damage to the City Property (including all improvements in LICENSEE's care, custody, <br /> or control), for limits of liability not less than: <br /> • Bodily Injury, Personal Injury: $1 ,000,000 each occurrence and <br /> $2,000,000 annual aggregate <br /> • Property Damage Liability: $300,000 annual aggregate <br /> B. Automobile Liability Insurance. Automobile liability insurance policy in insurance <br /> form CA 0001 with a minimum limit of not less than $1 ,000,000 per accident. Coverage <br /> shall be applicable to all owned, hired or non-owned vehicles on the City Property. <br /> C. Workers' Compensation and Employers' Liability. Workers' compensation policy <br /> written in accordance with the laws of the State of California. This policy shall include <br /> Employer's liability coverage with limits not less than $1 ,000,000 per occurrence. The <br /> Worker's Compensation policy shall contain an endorsement stating that the insurer <br /> waives any right to subrogation against the City. <br /> D. Damage to LICENSEE Property. LICENSEE hereby waives any recovery of <br /> damages against CITY (including its employees, officers, directors, agents, or <br /> representatives) for loss or damage to any structures, tenant improvements and <br /> betterments, fixtures, equipment, and any other personal property. <br /> E. Other. <br /> 1 ) The minimum limits of policies of insurance required of LICENSEE under <br /> this Agreement shall in no event limit the liability of LICENSEE under this Agreement. <br /> Such insurance shall: (i) name CITY as an additional insured; (ii) be primary insurance <br /> as to all claims thereunder and provide that any insurance carried by CITY is excess and <br /> is non-contributing with any insurance requirement of LICENSEE; (iii) provide that such <br /> insurance shall not be canceled or coverage changed unless thirty (30) days' prior <br /> written notice shall have been given to CITY; and (iv) contain a waiver of subrogation <br /> and cross-liability endorsement or severability of interest clause acceptable to CITY. <br /> LICENSEE shall deliver certificates thereof on or before the Commencement Date and <br /> delivery of such policy or policies shall be a prerequisite to and condition of LICENSEE's <br /> right to use the City Property pursuant to this Agreement. <br /> 2) For all liability policies required above, LICENSEE shall cause CITY to <br /> be named as a Certificate Holder on Accord-25 Certificates of Insurance that contain <br /> language requiring 30 days written notice to CITY in the event of cancellation or material <br /> change in any scheduled policy. <br /> ATTY/AGR/2016.242 LANDROVER <br /> REV: 08-29-16 RL <br /> Page 7 of 13 <br />