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(3) Aulomobile Liabilily In$,,rance. Level 3 shall, at its own cost end expense, <br />procure and maintain Automobile Liability insurance providing bodily injury and properly damage <br />with a combined single limit of at least $2,000,000 per occurrence for all owned, non-owned, and <br />hired automobiles. This insurance shall provide contractual liability covering all motor vehicles <br />and mobile equipment to the extant coverage may be excluded from general liabilily insurance. <br />Such insurance shall include es an additional insured the Oily and its officers, employees, end <br />agents while acting in such capacity, and their successors or assignees, as they now or as they <br /> <br />may heraafter be constituted, singly, jointly, or severally. <br /> (4) Property Insurance. <br /> <br /> (a) Level 3 shall, at its own cost and expense, procura and maintain property <br />insurance to protect its interest in the equipment to be used in performance of this Agreement <br />and the City's interest in materials or property to be installed, covering all dsks of physical loss or <br />damage to such equipment. The coverage under such policy shall have limits of liability <br />adequate to protect the value of the equipment and property to be installed. If desired, Level 3 <br />may choose to self-insure this exposure, but in no instance shall the City be responsible for such <br />loss or damage, unless caused by its sole negligence. <br /> <br /> (b) All insurance specified above shall remain in force until all work to be performed <br /> <br />is satisfactorily completed, all of Level 3's personnel and equipment have been removed from <br />the Public Right-of-way, and the work has been formally accepted. The failure to procure or <br />maintain required insurance and/or an adequately funded self-insurance program will constitute <br />a material breach of this Agreement. <br /> <br /> (c) If any insurance specified above shall be provided On a claims-made basis, then <br /> <br />in addition to coverage requirements above, such policy(les) shall provide that: <br /> <br /> ~' Policy retroactive date coincides with or precedes Level 3's start of work <br /> (including subsequent policies purchased as renewals or replacements). <br /> <br />F:Atty/Agr.076 20 <br />100702 <br /> <br /> <br />