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6.C. - Page 18 of 28 <br />7.2. Workers' Compensation Insurance. Licensee shall obtain and <br />maintain at all times during the term of this MLA statutory workers' compensation <br />and employer's liability insurance in an amount of One Million Dollars <br />($1,000,000) each accident/disease/policy limit and must furnish to City a <br />certificate showing proof of that coverage. Licensee shall submit to City, along with <br />the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, <br />its officers, employees, and volunteers. <br />7.3. Insurer Criteria. All insurance policies obtained by Licensee must <br />be issued by companies that are eligible to do business in the State of California <br />and that have a minimum rating assigned by A.M. Best & Company's Key Rating <br />Guide of "A-" Overall and a Financial Size Category of "VII". Insurance policies <br />and certificates issued by non -admitted insurance companies are not acceptable. <br />7.4. Severability of Interest. "Severability of interest" or "separation of <br />insureds" clauses shall be made a part of the Commercial General Liability and <br />Commercial Automobile Liability policies. <br />7.5. Self -Insurance. Notwithstanding the forgoing, at the sole discretion <br />of the City, Licensee may self -insure any of the required insurance under the same terms <br />as required by this Agreement. If the City allows Licensee to fulfill the obligation of this <br />Agreement to include the City as an additional insured through self-insurance, the <br />following conditions apply: (i) within thirty (30) days after notice thereof, City shall use <br />its best efforts to provide Licensee with written notice of any claim, damage, lawsuit, or <br />the like for which it seeks coverage pursuant to this Section and provide Licensee with <br />copies of any demands, notices, summonses, or legal papers receiving in connection with <br />such claim, demand, lawsuit, or the like; (ii) the City shall not settle any such claim, <br />demand, lawsuit, or the like without the prior written consent of Licensee; and (iii) the City <br />shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like. <br />8. RESERVED. <br />9. HAZARDOUS SUBSTANCES. <br />9.1. For purposes of this License, the term "Hazardous Substances" <br />means: (a) any substance, products, waste, or other material of any nature <br />whatsoever which is or becomes listed, regulated, or addressed pursuant to the <br />Comprehensive Environmental Response, Compensation, and Liability Act <br />(CERCLA), 42 United States Code Section 9601 et seq.; the Resources <br />Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the <br />Hazardous Materials Transportation Conservation and Recovery Act, 42 United <br />States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code <br />Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code <br />Section 2601 et seq.; the California Hazardous Waste Control Act, Health and <br />Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health <br />and Safety Code Section 25330 et seq.; the California Safe Drinking Water and <br />Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California <br />Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous <br />REV: 12-15-2020 PR <br />ATTY/AGR.2020.296/Master License Agreement (Page 14 of 24) <br />111 <br />