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7.A. - Page 134 of 176
<br />Permit No.
<br />Permittee:
<br />Such relocations shall be under the same terms and conditions as the initial installation allowed, pursuant to
<br />the permit.
<br />Encroachment permits shall be applied for by and issued to the person or company who will make use of the
<br />permit and not exclusively to the contractor who has been employed to construct the improvements. All
<br />contractors and subcontractors who will be performing work in, on, under or over the surface of any right-of-
<br />way or City property shall be named and identified in the encroachment permit application. If the permit is
<br />issued jointly to an owner and contractor, the contractor's insurance and bonds shall name the owner as an
<br />additional protected party. The rights granted by the permit shall not be assignable without the express prior
<br />written consent ofthe City's Community Development Department (Department).
<br />Permittee agrees to defend, indemnify, and hold City and its City Council, officers, officials, employees,
<br />agents and representatives (all of the foregoing collectively "Indemnitees") harmless from and against all
<br />actual and alleged liability, loss, cost, claims, demands, causes of action, suits, legal or administrative
<br />proceedings, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable
<br />attorneys' fees and costs of litigation) (all of the foregoing collectively "Claims") resulting from or arising in
<br />connection with work performed by Permittee pursuant to this Permit; Claims resulting from or arising in
<br />connection with the failure on Permittee's part to perform work under this Permit; Claims resulting from or
<br />arising in connection with the use of the Property or the improvements located thereon by Permittee or
<br />Permittee's agents, employees, invitees, contractors or subcontractors; or Claims arising as a result of or in
<br />connection with any release of any Hazardous Material in, on, under or about the Property by Permittee, or
<br />Permittee's agents, employees, invitees, contractors, or subcontractors, or any other violation of any
<br />Environmental Law by Permittee or Permittee's agents, employees, invitees, contractors or subcontractors.
<br />Permittee's indemnification obligations under this Permit do not apply to any Claims caused solely by the
<br />gross negligence or willful misconduct of any of the Indemnitees. Permittee's preceding indemnification
<br />obligations shall survive the expiration or earlier termination of this Permit.
<br />Insurance. During the term of the Permit, Permittee shall maintain the following insurance coverage:
<br />A. Liability Insurance. Occurrence -based liability insurance covering third party bodily injury, personal
<br />injury, and property damage, including injury or damage arising out of pollution, with limits not less
<br />than $1,000,000 for each occurrence and $2,000,000 annual aggregate.
<br />B. Automobile Liability Insurance. Automobile liability insurance policy with a minimum limit of not less
<br />than $1,000,000 per accident. Coverage shall be applicable to all owned, hired or non -owned
<br />vehicles placed, parked or used by and under the control of Permittee or its contractor(s),
<br />subcontractors, consultants, employees, officers, agents and invitees This coverage shall be
<br />provided on an occurrence based form.
<br />C. Workers' Compensation and Employers' Liability. Workers' compensation policy written in
<br />accordance with the laws of the State of California that includes a waiver of subrogation in favor of
<br />the City. This policy shall include Employer's liability coverage with limits not less than $1,000,000
<br />per occurrence.
<br />D. Other
<br />2) The minimum limits of insurance coverage required of Permittee under this Permit shall in
<br />no event limit the liability of Permittee under this Permit. Permittee shall deliver to City
<br />evidence of the coverage required hereunder on or before the effective date of this Permit,
<br />and delivery of such evidence shall be a prerequisite to and condition of Permittee's right
<br />to use the Property pursuant to this Permit.
<br />3) All insurance required above, shall provide the City 30 days written notice in the
<br />event of cancellation.
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<br />OAK #4819-4834-1908 v19 Exhibit D
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