AgdaPkt 2020-12-21 Amended Joint SA PFA

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6.C. - Page 17 of 28 the amount of One Million Dollars ($1,000,000) combined single limit each accident for bodily injury and property damage; and (c) Environmental Liability Insurance with a limit of One Million Dollars ($1,000,000) per occurrence, including coverage for gradual pollution and remediation, sudden and accidental pollution arising out of handling hazardous materials or wastes, non -hazardous materials or waste, that, when released into the environment, violate Law. The insurance policies shall include the City, its councilmembers, commissioners, officers, and employees as an additional insured as their interest may appear under this MLA, all as determined by City. Coverage must be in an occurrence form and in accordance with the limits and provisions specified herein. The limits required above may be satisfied with the combination of primary and excess liability insurance policies. Claims -made policies are not acceptable. Upon receipt of notice from its insurer, Licensee will provide the City with not less than thirty (30) days prior written notice of cancellation. Licensee shall be responsible for notifying the City of such change or cancellation. Licensee's indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement or fails to furnish certificates of insurance as detailed in Section 7. 1, such failure shall be deemed a material breach of this Agreement, giving City, in its discretion, the option to terminate this Agreement and obtain damages therefor. 7.1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this MLA, Licensee must file with City the required original certificates of insurance with acceptable blanket additional insured language included in the policy endorsements as determined by City, which must state the following: (a) The policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) That the City will receive not less than thirty (3 0) days' prior notice of cancellation; (c) That Licensee's Commercial General Liability insurance policy is primary with respect to claims resulting from Licensee's negligence; and that any other insurance the City possesses will be considered excess insurance only and will not be required to contribute with this insurance; (d) That Licensee's Commercial General Liability insurance policy waives any right of recovery that the insurance company may have against the City. The certificates of insurance with acceptable blanket additional insured language included in the policy endorsements and notices must be emailed to the City at the address specified below in Section 10. REV: 12-15-2020 PR ATTY/AGR.2020.296/Master License Agreement (Page 13 of 24) 110