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REV: 10-28-2021 SK <br />additional insured as their interest may appear under this MLA, all as determined by City. <br />Coverage must be in an occurrence form and in accordance with the limits and provisions <br />specified herein. The limits required above may be satisfied with the combination of <br />primary and excess liability insurance policies. Claims-made policies are not acceptable, <br />except for Licensee’s self-insured which is provided on a claims-made basis. Upon receipt <br />of notice from its insurer, Licensee will provide the City with not less than thirty (30) days <br />prior written notice of cancellation. Licensee shall be responsible for notifying the City of <br />nonrenewal or cancellation. Licensee’s indemnity and other obligations shall not be <br />limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain <br />or maintain insurance coverage required by this Agreement or fails to furnish certificates <br />of insurance as detailed in Section 7.1, such failure shall be deemed a material breach of <br />this Agreement, giving City, in its discretion, the option to terminate this Agreement and <br />obtain damages 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 />ATTY/AGR.2021.274/New CIngular Wireless/AT13 (Page 13 of 27)