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6.E. - Page 18 of 34 <br />the fact that the additional insureds are a City, its City Council, its officials, officers, <br />employees, representatives, agents or volunteers. <br />b. Permittee's insurance coverage shall be primary insurance as respects the City, its City <br />Council, its officials, officers, employees, representatives, agents and volunteers. Any <br />insurance or self-insurance maintained by the City, its City Council, its officials, officers, <br />employees, representatives, agents and volunteers shall be excess of Permittee's <br />insurance and shall not contribute with it. <br />c. Any failure to comply with reporting provisions of the policies shall not affect coverage <br />provided to the City, its City Council, its officials, officers, employees, representatives, <br />agents and volunteers. <br />d. Permittee's insurance shall apply separately to each insured against whom claim is made <br />or suit is brought, except with respect to the limits of the insurer's liability. <br />2. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive <br />all rights of subrogation against the City, its City Council, its officials, officers, employees, <br />representatives, agents and volunteers for losses arising from work performed by Permittee <br />for the City. <br />3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that <br />coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or <br />in limits except after thirty (30) days' prior written notice by certified mail, return receipt <br />requested, has been given to the City. <br />v. Acceptability of Insurers. Insurance shall be placed with insurers with a Best's rating of no less <br />than A:VII. <br />vi. Verification of Coverage. Permittee shall furnish the City with certificates of insurance and <br />with endorsements effecting coverage required by this Article. The certificates and <br />endorsements for each insurance policy are to be signed by a person authorized by that <br />insurer to bind coverage on its behalf. All certificates and endorsements are to be received <br />and approved by the City before work commences. Permittee can satisfy the insurance <br />requirements stated above by a program of self-insurance. <br />vii. indemnification Not Limited. Any insurance required to be obtained and maintained by <br />Permittee under this Permit shall not limit in any way Permittee's indemnification obligations <br />under Article 9 of this Permit. <br />ARTICLE IX <br />MISCELLANEOUS PROVISIONS <br />9.1 Representations and Warranties. Each party represents and warrants that it has the full right and <br />authority to enter into, execute, deliver and perform its obligations under this Permit and that this <br />Permit constitutes a legal, valid and binding obligation enforceable against such party in <br />accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general <br />equitable principles. <br />Page 11 of 24 <br />REV: 09-17-18 PR <br />ATTY/AGR.2018.220/Kaiser —Revocable Encroachment Permit <br />102 <br />