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REV: 06-29-21 MI
<br />Company shall maintain policy limits of no less than:
<br />(a) General Liability: $5,000,000 combined single limit per occurrence for
<br />bodily injury, personal and advertising injury property damage, and products/completed operations.
<br />If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
<br />the general aggregate limit shall apply separately to this project/location or the general aggregate
<br />limit shall be twice the required occurrence limit.
<br />(b) Automobile Liability: $1,000,000 combined single limit each accident
<br />for bodily injury and property damage.
<br />(c) Worker’s Compensation in compliance with the statutory requirements
<br />of the State of California and Employers Liability with limits of $1,000,000 each
<br />accident/disease/policy limit.
<br />10.1.3 Deductibles and Self-Insured Retentions.
<br />Any deductibles or self-insured retentions must be declared to and approved by the City. At
<br />the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
<br />retentions as respects the City, its officers, officials, employees and volunteers; or Company shall
<br />procure a bond guaranteeing payment of losses and related investigations, claim administration and
<br />defense expenses.
<br />10.1.4 Other Insurance Provisions. The policies shall contain, or be endorsed to
<br />contain, the following provisions:
<br />(a) General Liability and Automobile Liability Coverages.
<br />(i) The City, its City Council, its officials, officers, employees,
<br />representatives, agents and volunteers are to be covered as insured as respects the following: liability
<br />arising out of activities performed by or on behalf of Company; failure to perform any work
<br />contemplated in any encroachment permit; structures or encroachments placed by or on behalf of
<br />Company in, on, under or over the surface of any Right-Of-Way or City Property; products and
<br />completed operations of Company; premises owned, occupied or used by Company; or automobiles
<br />owned, leased, hired or borrowed by Company. The coverage shall contain no special limitations on
<br />the scope of protection afforded to the City, its City Council, its officials, officers, employees,
<br />representatives, agents or volunteers.
<br />(ii) Company’s insurance coverage shall be primary insurance as
<br />respects the City, its City Council, its officials, officers, employees, representatives, agents and
<br />volunteers. Any insurance or self-insurance maintained by the City, its City Council, its officials,
<br />officers, employees, representatives, agents and volunteers shall be excess of Company’s insurance
<br />and shall not contribute with it.
<br />(iii) Any failure to comply with reporting provisions of the policies
<br />shall not affect coverage provided to the City, its City Council, its officials, officers, employees,
<br />representatives, agents and volunteers.
<br />(iv) Company’s insurance shall apply separately to each insured
<br />against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
<br />liability.
<br />ATTY/AGR.2021.160/INTERMOUNTAIN INFRASTRUCTURE GROUP (Fiber Agreement) (Page 11 of 18)
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