Agmt22 County of San Mateo 1402 Maple St. Amended and Restated License Agmt.

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Page 9 of 15 ATTY/AGR/2022.014.08/TRI-PARTY AGREEMENT REV: 01-25-2022 VR 26. Insurance. During the Term of this Agreement, COUNTY shall obtain and maintain the following insurance covering claims for injuries to persons or damage to property which may arise out of or in connection with use of License Area by COUNTY or COUNTY's Agents. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-: VII": A.Commercial General Liability Insurance. Commercial General Liability Insurance written on a form that provides coverage of at least as broad as form ISO CG 00 01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of bodily injury, personal injury, and property damage arising out of COUNTY's use (which shall include the Activities described in Section 5 above), assumed liabilities, or use of the License Area, including contractual liability coverage for the performance byCOUNTY of its indemnityagreements set forth in this Agreement, and coverage for damage to the City Property (including all improvements and modifications in COUNTY's care, custody, or control), for limits of liability not less than:: 1. Bodily Injury, Personal Injury: $1,000,000 each occurrence and $2,000,000 annual aggregate 2. Property Damage Liability: $300,000 annual aggregate 3. Products/Completed Operations Aggregate: One Million Dollars ($1,000,000) 4. General Aggregate: Two Million Dollars ($2,000,000) 5. Fire Legal Liability to at least One Million Dollars ($1,000,000) B.Automobile Liability Insurance. Automobile liability insurance policy with a minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to all owned, hired or non- owned vehicles on the License Area. C.Workers' Compensation and Employers' Liability. Workers' compensation policy written in accordance with the laws of the State of California. This policy shall include Employer's liability coverage with limits not less than $1,000,000 per occurrence. D.Property Insurance. Property Insurance, on an ISO Special Coverage Form or its equivalent in an amount sufficient to reimburse COUNTY at replacement cost for all of its Permitted Facilities and other personal property under COUNTY's care or control located on or about the License Area. E.Other. 1)The minimum limits of policies of insurance required of COUNTY under this Agreement shall in no event limit the liability or diminish the obligations of COUNTY under this Agreement. The insurance shall: (i) with respect to the policies required under subsections A and B above, name CITY and its officers, agents, elected officials, employees and volunteers as additional insureds; (ii) be primary insurance as to all claims thereunder and provide that any insurance, self-insurance or joint self-insurance carried by CITY is excess and is non-contributing with any insurance requirement of COUNTY; (iii) provide that such insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to CITY; and (iv) contain a waiver of subrogation and cross-liability endorsement or severability of interest clause acceptable to CITY. COUNTY shall deliver the policy or policies or certificates thereof on or before the Commencement Date, and delivery of such policy or policies shall be a prerequisite to and condition of COUNTY's right to use the License Area pursuant to this Agreement.