AgdaPkt 2016-11-07 Joint SA PFA - Laserfiche WebLink

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Page 5 of 8 ATTY/RESO.0104/ CC RESO STARSHIP TECHNOLOGIES REV: 11-02-16 JS damages to Permittee property caused by the gross negligence or willful misconduct of City. F. Insurance. During the term of this Agreement, Permittee shall maintain the following insurance coverages. The insurance carrier is required to maintain an A.M. Bet rating of not less than “A:VII”: i. Commercial General Liability Insurance. Commercial general liability insurance written on an occurrence basis, on a form that provides coverage at least as broad as form ISO CG 00 01, covering the insured with a duty to defend against claims of bodily injury, personal injury and property damage arising out of Permittee’s activities (which shall include the Activities described in Section 4 above), assumed liabilities, or use of the City Property, including contractual liability coverage for the performance by Permittee of the indemnity agreements set forth in this Agreement, and coverage for damage to the City Property (including all improvements in Permittee’s care, custody, or control), for limits of liability not less than: • Bodily Injury, Personal Injury: $2,000,000 each occurrence and $4,000,000 annual aggregate • Property Damage Liability: $1,000,000 annual aggregate ii. Automobile Liability Insurance. Automobile liability insurance policy on insurance form CA 0001 with a minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to all owned, hired or non-owned vehicles on the City Property. iii. Workers’ Compensation and Employers’ Liability. Workers’ compensation policy written in accordance with the laws of the State of California. This policy shall include Employer’s liability coverage with limits not less than $1,000,000 per occurrence. The Worker’s Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City. iv. Damage to Permittee Property. Permittee hereby waives any recovery of damages against City (including its employees, officers, directors, agents, or representatives) for loss or damage to any structures, tenant improvements and betterments, fixtures, equipment, and any other personal property. v. The minimum limits of policies of insurance required of Permittee under this Agreement shall in no event limit the liability of Permittee under this Agreement. Such insurance shall: (i) name City as an additional insured; (ii) be primary insurance as to all claims thereunder and provide that any insurance carried by City is excess and is non-contributing with any insurance requirement of Permittee; (iii) provide that such insurance shall 6.3.A. - Page 8