Agmt19 Asian Pacific Industries Inc., dba Land Rover Redwood City

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17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following insurance coverage. The insurance carrier is required to maintain an A.M. Bet rating of not less than "A:VII": A. Commercial General Liability Insurance. Commercial general liability insurance written on an occurrence basis, on a form that provides coverage at least as broad as form ISO CG 00 01 covering the insured with a duty to defend against claims of bodily injury, personal injury and property damage arising out of LICENSEE's activities (which shall include the Activities described in Section 4 above), assumed liabilities, or use of the City Property, including contractual liability coverage for the performance by LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for damage to the City Property (including all improvements in LICENSEE's care, custody, or control), for limits of liability not less than: Bodily Injury, Personal Injury and Property Damage: $1,000,000 each occurrence and $2,000,000 annual aggregate B. Automobile Liability Insurance. Automobile liability insurance policy in insurance form CA 0001 with a minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to all owned, hired or non -owned vehicles on the City Property. C. Workers' Compensation and Employers' Liability. Workers' compensation policy written in accordance with the laws of the State of California. This policy shall include Employer's liability coverage with limits not less than $1,000,000 per occurrence. LICENSEE shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. D. Damage to LICENSEE Property. LICENSEE hereby waives any recovery of damages against CITY (including its employees, officers, directors, agents, or representatives) for loss or damage to any structures, tenant improvements and betterments, fixtures, equipment, and any other personal property. 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. ATN/AGR/2019.003/LANDROVER REDWOOD CITY LA Page 7 of 13 REV: 01-03-19 PR