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S. Insurance.
<br />(a) Licensee shall procure and keep in effect at all times during the term of this
<br />License, at Licensee's expense, and cause its contractors and subcontractors to maintain at all
<br />times during any construction activities on the License Area insurance as follows:
<br />(i) Commercial General Liability Insurance with limits not less than Three Million Dollars
<br />($3,000,000) each occurrence combined single limit for bodily injury and property damage,
<br />including coverages for contractual liability, personal injury, independent contractors, explosion,
<br />collapse and underground (XCU), Broad Form Property Damage, Sudden and Accidental
<br />Pollution, Products Liability and Completed Operations; (ii) Business Automobile Liability
<br />Insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined
<br />single limit for bodily injury and property damage, including coverages for owned, non -owned
<br />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,
<br />including employer's liability coverage with limits of not less than One Million Dollars
<br />($1,000,000) each accident. In lieu of the foregoing insurance, Licensee can elect to self -insure
<br />by providing City adequate evidence of its self-insurance program. If Licensee elects to self -
<br />insure, Licensee shall give City written notice of any significant change in or the depletion of its
<br />self-insurance fund.
<br />(b) Licensee shall maintain, and shall cause its contractor performing the work to
<br />maintain, pollution legal liability, environmental remediation liability and other environmental
<br />insurance, including coverage for bodily injury, sickness, disease, mental anguish or shock
<br />sustained by any person, including death; environmental damages; property damage including
<br />but not limited to physical injury to or destruction of tangible property including the resulting
<br />loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been
<br />physically injured or destroyed-, defense costs, charges and expenses incurred in the
<br />investigation, adjustment of defense claims for such compensatory damages; sudden and non -
<br />sudden pollution conditions including the discharge, dispersal, release or escape of hazardous
<br />materials into or upon the City's property, the atmosphere or watercourse or body of water,
<br />which results in environmental damages; transportation coverage for the hauling of any
<br />hazardous materials by Licensee or Licensee's Contractors or Agents, from the License Area to
<br />the final disposal location; and first party environmental remediation that pays for the cost of
<br />cleanup and remediation of the License Area required to comply with all applicable Laws. Such
<br />insurance shall be endorsed to provide third party disposal site coverage that covers third party
<br />bodily injury, property damage and cleanup coverage for pollution conditions emanating from a
<br />disposal site or landfill used by the Licensee or Licensee's Agents. Licensee shall maintain
<br />limits no less than: One Million Dollars ($1,000,000) per accident and One Million Dollars
<br />($1,000,000) annual aggregate for bodily injury and property damage. The City and its officers,
<br />commissioners, agents, volunteers and employees shall be included as additional insureds on the
<br />policy as loss payees under the pollution legal liability/environmental remediation/cleanup
<br />liability insurance policy.
<br />(c) All policies required hereunder 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 />officers, agents and employees; (ii) specify that such policies are primary insurance to any other
<br />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
<br />is brought, except with respect to the insurer's limit of liability, and (iii) include a waiver of
<br />subrogation endorsement or provision wherein the insurer acknowledges acceptance of
<br />Licensee's waiver of claims against City. Such policies shall also provide for severability, of
<br />interests and that an act or omission of one of the named insureds which would void or otherwise
<br />reduce coverage shall not reduce or void the coverage as to any insured, and shall afford
<br />coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or
<br />the onset of which occurred or arose) in whole or in part during the policy period. Sudden and
<br />Rev May 2015
<br />Page 9 of 45
<br />AT-FY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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