Agmt22 Eagle Aerial Photography Inc.

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REV: 12-16-21 MI a). Commercial general liability insurance (“CGL”) covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of EAGLE or of any of its employees, agents, or subcontractors with minimum coverage limits of $1,000,000 each occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. b). Workers' compensation and employer’s liability insurance as required by the State where the work is performed in an amount not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit by disease and $1,000,000 each employee for bodily injury by disease. The Worker’s Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the Agency, its officers, agents, employees, and volunteers. c). Automobile Liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non-owned, or hired vehicles, with minimum coverage limits of $1,000,000 each accident. d). AGENCY and its directors, officers, managers, and employees will be named as an additional insured with respect to EAGLE’s CGL and Auto policies required hereunder. The insurance policy shall be endorsed to name the Agency, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the Agency. CGL and Auto policies shall contain a “Separation of Insureds” provision. e). CGL and Auto policies and worker’s compensation shall be endorsed with waiver of subrogation in favor of AGENCY. f). All insurance policies shall be issued by companies licensed to do business in the states where the Services are delivered and will be rated “A–:VII” better by A.M. Best. g). Notice of Cancellation. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without Consultant providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement. h). Prior to City’s execution of this Agreement, EAGLE shall provide to Authority certificates of insurance and above- referenced endorsements sufficient to satisfaction of Authority’s Risk Manager. In no event shall EAGLE commence any work or provide any Services under this Agreement until certificates of insurance and endorsements have been accepted. ADDITIONAL PROVISIONS Non-Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party. Any unauthorized assessment or transfer will be null and void, and enables termination. This Agreement is binding upon any authorized successor or assignee. Entire Understanding. This Agreement is the parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreement. Any amendment must be in writing and expressly state that it is amending this Agreement. ATTY/AGR.2021.325/Eagle Aerial Solutions (WaterView) (Page 6 of 10)