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8.113. - Page 63 of 72 <br />1 <br />Attachment 11 <br />INSURANCE AND INDEMNIFICATION REQUIREMENTS <br />1. Insurance. Unless expressly exempted from such requirement, the€Ven <br />Permittee shall procure and maintain in full force and effect during the term of the <br />Event Permitit a policy of insurance which provides the coverage that the <br />Finance Director determines to be necessary and adequate under the <br />circumstances. <br />a. An applicantA Rt seeking to hold an event that involves <br />expressive activity may elect to apply for an exemption from the <br />insurance requirement, unless there is a specific demonstrable history <br />of personal injury or property damage claims being awarded against <br />the applicant attributable to the applicant's conduct of previous events <br />in the City that are similar in nature to the proposed event. <br />b. Applicant must apply for such exemption at the same time as <br />application for an Event Permit.'' Applicant may elect to: 1) <br />agree to indemnify, protect, defend and hold harmless the Gity, the <br />Re deyelepmeRt AgeRGY "f C7orlw eed City, its officers and employees <br />against all claims, damages, expenses, loss or liability of any kind or <br />nature arising out of, or resulting from, the alleged acts or omissions <br />of permittee, its officers, agents or employees in connection with the <br />permitted event or activity; or 2) agree to redesign or reschedule the <br />permitted event to respond to specific risks, hazards and dangers to <br />public health and safety identified by the City Manager or FiRaRee <br />DiFeEtor--as being reasonably foreseeable consequences of the <br />permitted event. <br />Permitee will obtain and maintain for the duration of the even!Eveef, insurance <br />against claims for injuries to persons or damage to property which may arise out of <br />or in connection with the event€venf by Permittee or Permittee's agents, <br />representatives, employees or subcontracting supply and service companies or <br />organizations. The insurance will be obtained from an insurance carrier admitted <br />and authorized to do business in the State of California. The insurance carrier is <br />required to have a current Best's Key Rating of not less than "A -:V." <br />1.1 Coverages and Limits. Permittee will maintain the types of coverages <br />and minimum limits indicated below, unless FonarTGe DireGte Risk Manager <br />or City Manager, in consultation with the City Attorney approves a lower <br />amount. These minimum amounts of coverage will not constitute any <br />limitations or cap on Permittee's indemnification obligations under this <br />Agreement. The City, the Redevelopment anonG , its officers, agents, <br />volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Permittee pursuant to this Agreement <br />Page 17 of 26 <br />255 <br />