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REV: 10-26-2021 SK hereafter carried by the Licensee. This waiver and release shall apply between the parties and shall also apply to any claims under or through either party as a result of any asserted right of subrogation. All such policies of insurance obtained by Licensee concerning the Municipal Facilities, Equipment, or the Public Rights-of- Way shall waive the insurer’s right of subrogation against the City. 6.3.Limitation of City’s Liability. City will be liable only for the cost of repair or replacement of damaged Equipment arising from the gross negligence or willful misconduct of City, its employees, agents, or contractors, and City will in no event be liable for incidental, punitive, exemplary, indirect or consequential damages, or lost profits arising under or relating to this MLA. 7.INSURANCE. Licensee shall obtain and maintain during the term of this MLA: (a) Commercial General Liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 or its equivalent as determined by City, protecting Licensee in an amount of Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage, and Four Million Dollars ($4,000,000) general aggregate including personal and advertising injury liability, contractual liability and coverage for explosion, collapse, and underground property damage hazards, and products- completed operations, and premises-operations; (b) Commercial Automobile Liability in the amount of One Million Dollars ($1,000,000) combined single limit each accident for bodily injury and property damage; and (c) Environmental Liability Insurance with a limit of One Million Dollars ($1,000,000) per occurrence, including coverage for gradual pollution and remediation, sudden and accidental pollution arising out of handling hazardous materials or wastes, non-hazardous materials or waste, that, when released into the environment, violate Law. The insurance policies shall include the City, its councilmembers, commissioners, officers, and employees as an additional insured as their interest may appear under this MLA, all as determined by City. Coverage must be in an occurrence form and in accordance with the limits and provisions specified herein. The limits required above may be satisfied with the combination of primary and excess liability insurance policies. Claims-made policies are not acceptable. Upon receipt of notice from its insurer, Licensee will provide the City with not less than thirty (30) days prior written notice of cancellation. Licensee shall be responsible for notifying the City of such change or cancellation. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement or fails to furnish certificates of insurance as detailed in Section 7.1, such failure shall be deemed a material breach of this Agreement, giving City, in its discretion, the option to terminate this Agreement and obtain damages therefor. 7.1.Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this MLA, Licensee must file with City the required original certificates of insurance with acceptable blanket additional insured language included in the policy endorsements as determined by City, which must state the following: (a) The policy number; name of insurance company; name and address of the agent or authorized ATTY/AGR.2021.268/Crown Castle (Page 13 of 28)