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and upon the further condition that, in the event NextG shall fail to comply with any law, ordinance, rule, or regulation governing this Use Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property of NextG, plus costs and reasonable attorney's fees up to the full amount of the bond. 7.3 Required Endorsement. The bonds shall be subject to the approval of the Redwood City City Attorney and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled until sixty (60) days after receipt by the Redwood City City Attorney, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." 7.4 Reservation of City Rights. The rights reserved by the City with respect to the bonds herein are in addition to all other rights and remedies the City may have under this Use Agreement or any other law. 8 INSURANCE. NextG shall obtain and maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting NextG in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than Two Million Dollars ($2,000,000) annual aggregate for each personal injury liability and products-completed operations. The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of NextG's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change. NextG shall be responsible for notifying the City of such change or cancellation. 8.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, NextG shall file with the City the required original certificate(s) of insurance with endorsements, which shall state the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; (c) that NextG's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (d) that NextG's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. (e) that the City, its council members, officers, and employees are named as additional insureds. Right-of-Way Use Agreement City of Redwood City:: NextG Networks of California, Inc. page 11 of15