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REV: 10-28-2021 MI <br />as detailed in Section 7.1, such failure shall be deemed a material breach of this Agreement, <br />giving City, in its discretion, the option to terminate this Agreement and obtain damages <br />therefor. <br />7.1.Filing of Certificates and Endorsements. Prior to the <br />commencement of any work pursuant to this MLA, Licensee must file with City <br />the required original certificates of insurance with acceptable blanket additional <br />insured language included in the policy endorsements as determined by City, which <br />must state the following: <br />(a) The policy number; name of insurance <br />company; name and address of the agent or authorized <br />representative; name and address of insured; project name; <br />policy expiration date; and specific coverage amounts; <br /> (b) That the City will receive not less than thirty (30) days’ prior <br />notice of cancellation; <br />(c)That Licensee’s Commercial General Liability insurance <br />policy is primary with respect to claims resulting from <br />Licensee’s negligence; and that any other insurance the City <br />possesses will be considered excess insurance only and will <br />not be required to contribute with this insurance; <br />(d) That Licensee’s Commercial General Liability insurance <br />policy waives any right of recovery that the insurance <br />company may have against the City. <br />The certificates of insurance with acceptable blanket additional insured language included <br />in the policy endorsements and notices must be emailed to the City at the address specified <br />below in Section 10. <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 />ATTY/AGR.2021.273/ExteNet Systems (Page 14 of 28)