Agmt20 Sonic Telcom, LLC - Laserfiche WebLink

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liability arising out of activities performed by or on behalf of Company; failure to perform any work contemplated in any encroachment permit; structures or encroachments placed by or on behalf of Company in, on, under or over the surface of any Right -Of -Way or City Property; products and completed operations of Company; premises owned, occupied or used by Company; or automobiles owned, leased, hired or borrowed by Company. The coverage shall contain no special limitations on the scope of protection afforded to the City, its City Council, its officials, officers, employees, representatives, agents or volunteers. (ii) Company's insurance coverage shall be primary insurance as respects the City, its City Council, its officials, officers, employees, representatives, agents and volunteers. Any insurance or self-insurance maintained by the City, its City Council, its officials, officers, employees, representatives, agents and volunteers shall be excess of Company's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its City Council, its officials, officers, employees, representatives, agents and volunteers. (iv) Company's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its City Council, its officials, officers, employees, representatives, agents and volunteers for losses arising from work performed by Company for the City. (c) All Coverages. Upon receipt of notice from its insurer(s) Company shall use commercially reasonable efforts to provide the City with thirty (30) days prior written notice of cancellation of any coverage required herein 10. 1.5 Acceptability of Insurers Insurance shall be placed with insurers with a Best's rating of no less than A -:VII. 10. 1.6 Verification of Coverage. Company shall furnish the City with certificates of insurance and additional insured endorsements effecting coverage required by this Article. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies at any time 10.1.7 Indemnification Not Limited Any insurance required to be obtained and maintained by Company under this Agreement shall not limit in any way Company's indemnification obligations under Article 9 of this Agreement. REV: 07-09-2020 PR ATTY/AGR.2020.122/Sonic Telecom, LLC (Page 12 of 19)