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11/13/2017 <br />with a duty to defend against claims of bodily injury, personal injury and <br />property damage arising out of Permittee's activities, assumed liabilities, <br />or use of any City property (including, without limitation, sidewalks, <br />crosswalks, public thoroughfares, and rights-of-way) (the "City <br />Property"), including contractual liability coverage for the performance <br />by Permittee of the indemnity agreements set forth in this Permit, and <br />coverage for damage to the City Property (including all improvements in <br />Permittee's care, custody, or control), for limits of liability not less than: <br />• Bodily Injury, Personal Injury: $2,000,000 each occurrence and <br />$4,000,000 annual aggregate <br />• Property Damage Liability: $1,000,000 annual aggregate <br />ii. Automobile Liability Insurance. Automobile liability insurance policy on <br />insurance form CA 0001 with a minimum limit of not less than <br />$1,000,000 per accident. Coverage shall be applicable to all owned, <br />hired or non -owned vehicles on the City Property. <br />iii. Workers' Compensation and Employers' Liability. Workers' <br />compensation policy written in accordance with the laws of the State of <br />California. This policy shall include employer's liability coverage with <br />limits not less than $1,000,000 per occurrence. The Worker's <br />Compensation policy shall contain an endorsement stating that the <br />insurer waives any right to subrogation against City. <br />iv. Damage to Permittee Property. Permittee hereby waives any recovery <br />of damages against City (including its employees, officers, directors, <br />agents, or representatives) for loss or damage to any structures, tenant <br />improvements and betterments, fixtures, equipment, and any other <br />personal property. <br />V. The minimum limits of policies of insurance required of Permittee under <br />this Permit shall in no event limit the liability of Permittee under this <br />Permit. Such insurance shall: (i) name City as an additional insured; (ii) <br />be primary insurance as to all claims thereunder and provide that any <br />insurance carried by City is excess and is non-contributing with any <br />insurance requirement of Permittee; (iii) provide that such insurance <br />shall not be canceled or coverage changed unless thirty (30) days' prior <br />written notice shall have been given to City; and (iv) contain a waiver of <br />subrogation and cross -liability endorsement or severability of interest <br />clause acceptable to City. Permittee shall deliver certificates thereof on <br />or before the commencement date of this Permit and delivery of such <br />policy or policies shall be a prerequisite to and condition of Permittee's <br />right to use the City Property pursuant to this Permit. <br />Page 6 of 10 <br />ATN/RESO.0098/CC RESOLUTION FOR PILOT EXTENSION RESO. NO. 15626 <br />REV: 11-03-17 JS MUFF NO. 604 <br />