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REV: 10-28-2021 MI
<br />agents, or contractors. The terms of this section shall survive the expiration or earlier
<br />termination of this MLA.
<br />6.1.Waiver of Claims. Licensee waives all claims, demands, causes of
<br />action, and rights it may assert against City on account of any loss, damage, or
<br />injury to any Equipment, or any loss or degradation of the services, resulting from
<br />any event or occurrence that is beyond the City’s reasonable control.
<br />6.2.Waiver of Subrogation. Licensee hereby waives and releases any
<br />and all rights of action for negligence against City, which may hereafter arise on
<br />account of damage to Equipment, Municipal Facilities, or to the Public Rights-of-
<br />Way, regardless of whether or not, or in what amounts, such insurance is now or
<br />hereafter carried by the Licensee. This waiver and release shall apply between the
<br />parties and shall also apply to any claims under or through either party as a result
<br />of any asserted right of subrogation. All such policies of insurance obtained by
<br />Licensee concerning the Municipal Facilities, Equipment, or the Public Rights-of-
<br />Way shall waive the insurer’s right of subrogation against the City.
<br />6.3.Limitation of City’s Liability. City will be liable only for the cost
<br />of repair or replacement of damaged Equipment arising from the gross negligence
<br />or willful misconduct of City, its employees, agents, or contractors, and City will
<br />in no event be liable for incidental, punitive, exemplary, indirect or consequential
<br />damages, or lost profits arising under or relating to this MLA.
<br />7.INSURANCE. Licensee shall obtain and maintain during the term of this
<br />MLA: (a) Commercial General Liability insurance with coverage at least as broad as
<br />Insurance Services Office form CG 00 01 or its equivalent as determined by City,
<br />protecting Licensee in an amount of Two Million Dollars ($2,000,000) per occurrence for
<br />bodily injury and property damage, and Four Million Dollars ($4,000,000) general
<br />aggregate including personal and advertising injury liability, contractual liability and
<br />coverage for explosion, collapse, and underground property damage hazards, and products-
<br />completed operations, and premises-operations; (b) Commercial Automobile Liability in
<br />the amount of One Million Dollars ($1,000,000) combined single limit each accident for
<br />bodily injury and property damage; and (c) Environmental Liability Insurance with a limit
<br />of One Million Dollars ($1,000,000) per occurrence, including coverage for gradual
<br />pollution and remediation, sudden and accidental pollution arising out of handling
<br />hazardous materials or wastes, non-hazardous materials or waste, that, when released into
<br />the environment, violate Law. The insurance policies shall include the City, its
<br />councilmembers, commissioners, officers, and employees as an additional insured as their
<br />interest may appear under this MLA, all as determined by City. Coverage must be in an
<br />occurrence form and in accordance with the limits and provisions specified herein. The
<br />limits required above may be satisfied with the combination of primary and excess liability
<br />insurance policies. Claims-made policies are not acceptable. Upon receipt of notice from
<br />its insurer, Licensee will provide the City with not less than thirty (30) days prior written
<br />notice of cancellation. Licensee shall be responsible for notifying the City of such change
<br />or cancellation. Licensee’s indemnity and other obligations shall not be limited by the
<br />foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain
<br />insurance coverage required by this Agreement or fails to furnish certificates of insurance
<br />ATTY/AGR.2021.273/ExteNet Systems (Page 13 of 28)
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