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Permit No.
<br />Permittee:
<br />Such relocations shall be under the same terms and conditions as the initial installation allowed, pursuant to
<br />the permit.
<br />Encroachmenq permils shall be applied for by and issued to the person or company who will make use of the
<br />permit and not exclusively to the contractor who has been employed to consiruct the improvements. All
<br />contraclars and subcontractors who wdl be performing work in. on, under or over the surface of any righl•of-
<br />way or City property shall be named and identified in the encroachment permit application. if the permit is
<br />issued jointly to an owrter and contractor, the contractor's insurance and bonds shall name the owner as an
<br />additional protected party. The rights granted by the permit shall not be assignable without the express prior
<br />written oonsent of the City's Community Development Department (Department].
<br />Permittee agrees to defend, Indemnity, and hold City and its City Council, officers, officials, employees,
<br />agents and representatives (all of the foregoing collectively 'indemnitees') harmless from and against all
<br />actual and alteged liability, loss, cost, claims. demands, causes of action, sults, legal or administrative
<br />proceedings, penalty, deficiency, fine. damage and expense (including, without limitalion, reasonable
<br />attorneys' fees and casts of litigat(on) (all of the foregoing colleclively'CialmV) resulting from or arising in
<br />connection with work performed by Permittee pursuant to this hermit; Claims resulting from or arising to
<br />connection with the failure on Permittee's part to perform work under this Permit- Claims resulting from or
<br />arising in connection with the use of the Property or the improvements located thereon by Permittee or
<br />Permittee's agents, employees. Invitees, contractors nr subcontractors: or Claims arising as a result of or in
<br />connection with any release of any Hazardous Material In, on, under or about the Property by Permitlee, or
<br />Permittee's agents, employees, invitees, contractors, or subcontractors, OF any other violation of any
<br />Environmental law by Permifteee or Permittee's agents, employees, invitees, contractors or subcontractors.
<br />Parmikee's indemnifscation obligations under this Permit do not apply to any Claims caused solely by the
<br />gross negligence or willful miscaaduct of any of the Indemnitees. Permittee's preceding indemnification
<br />obligations shalt survive the expiration or earlier termination of this Permit.
<br />Insuranco. During the term of the Permit, Permittee shall maintain the following insurance coverage:
<br />A. Lia ' i v Insurance. Occurrence -based liability insurance covering third party bodily Injury, personal
<br />injury, and properly damage, inciuding injury or damage arising out of pollution, with limits not less
<br />than S1,000.000 for each occurrence and 52,000,000 annual aggregate.
<br />B Auto gbijr, Liability insurance, Automobile liability insurance policy with a minimum limit of not less
<br />than 51,000,000 per accddent. Coverage shall be applicable to all owned, hired or non -owned
<br />vehicles placed, parked or used by and under the control of Permittee or Its oontractor(s),
<br />subcontractors, consultants, employees, officers, agents and Invilees This coverage shall be
<br />provided on an occurrence based form.
<br />C. WorkersCornoen6ati0n and Employers' Liability. Workers' compensation pallcy written in
<br />accordance with the laws of the State of California that Includes a waiver of subrogalion in favor of
<br />the City. This policy shall Include Employers liabllity coverage with limits not less than $1,000,000
<br />per occurrence.
<br />D. Other.
<br />2) The minimum limits of Insurance coverage required of Permittee under this Permit shalt in
<br />no event limit the liability of Permittee under this Permit Permittee shall deliver to City
<br />evidence of the coverage required hereunder on or before the effective dale of this Permit,
<br />and delivery of such evidence shall he a prerequlsile to and condition of Permiltee's right
<br />to use the Property pursuant to this Permit,
<br />3) All insurance required above, shall provide the City 30 days written notice In the
<br />event of cancellation,
<br />2 of
<br />OAK 44819-4834-1908 v20 Exhibit D
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