Agmt19 Putnam Lexus Plant treatment plant site lease

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E. Other 1) The minimum limits of policies of insurance required of LICENSEE under this Agreement shall in no event limit the liability of LICENSEE 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 LICENSEE; (iii) provide that such insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to CITY; and (iv) contain a waiver of subrogation and cross -liability endorsement or severability of interest clause acceptable to CITY. LICENSEE shall deliver certificates thereof on or before the Commencement Date and delivery of such policy or policies shall be a prerequisite to and condition of LICENSEE's right to use the City Property pursuant to this Agreement. 2) For all liability policies required above, LICENSEE shall cause CITY to be named as a Certificate Holder on Accord -25 Certificates of Insurance that contain language requiring 30 days written notice to CITY in the event of cancellation or material change in any scheduled policy. 3) For all property policies required above, LICENSEE shall cause CITY to be named as a Certificate Holder on Accord 27 Certificates of Insurance that contain language requiring 30 days written notice to CITY in the event of cancellation or material change in any scheduled policy. 4) With regard to the liability insurance policies required above, such insurance policies shall name CITY as an additional insured on endorsement forms that comply with the terms of this Agreement and are reasonably acceptable to CITY. 5) All policies required hereunder shall provide for the following: (i) name as additional insureds the CITY and its officers, agents and employees; (ii) specify that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this License and that insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limit of liability, and (iii) include a waiver of subrogation endorsement or provision wherein the insurer acknowledges acceptance of LICENSEE's waiver of claims against CITY. Such policies shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Sudden and accidental pollution coverage in the liability policies required hereunder shall be limited to losses resulting from LICENSEE's activities (and LICENSEE's Agents and Invitees) under this License (excluding nonnegligent aggravation of existing conditions with respect to Hazardous Materials). 6) Prior to the Commencement Date of this License, LICENSEE shall deliver to CITY certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to CITY, evidencing the coverages required hereunder, together with complete copies of the policies at CITY's request. In the event LICENSEE shall fail to procure such insurance, or to deliver such policies or certificates, CITY may Page 8 of 13 REV: 03-13-19 PR ATTY/AGR.2019.055/PUTNAM LEXUS