Agmt21 Safeway Inc. License and Agreement

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EXHIBIT "C" 1. Insurance. Contractor shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". 1.1 Coverages and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. 1.1.1 Commercial General Liability Insurance. Contractor shall maintain occurrence - based coverage with limits not less than $6,000,000 per occurrence; the required limit may be met by any combination of primary and excess or umbrella insurance. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name Safeway Inc. and the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 1.1.2 Business Automobile Liability Insurance. Contractor shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non -owned automobiles. 1.1.3 Workers' Compensation and Employer's Liability Insurance. Contractor shall maintain coverage as required by the California Labor Code and Employer's Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Worker's Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees, and volunteers. 1.1.5 Professional Liability Insurance. Contractor shall maintain coverage with limits not less than $2,000,000 per occurrence. Professional Liability may be written as claims - made coverage. 1.1.6 Contractor's Pollution (Legal) Liability Contractors shall maintain coverage in the amount not less than $3,000,000 per occurrence or claim, and $3,000,000 policy aggregate. The Contractor's Pollution Liability insurance policy shall be endorsed to name Safeway Inc. and the City, its officers, agents, employees and volunteers as additional insureds. 1.2. Notice of Cancellation. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without Contractor providing thirty (30) days prior written notice to City and Safeway sent pursuant to the Notice provisions of this Agreement. 1.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor shall provide to City and Safeway certificates of insurance and above - referenced endorsements sufficient to satisfaction of City's Risk Manager. In no event shall REV: 05-07-2021 MI ATTY/AGR.2021.101/Safeway Inc. (Page 10 of 11)