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REV: 12-20-2022 JB <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 />(b) Worker’s Compensation and Employers Liability Coverage. <br />The insurer shall agree to waive all rights of subrogation against the City, its City Council, <br />its officials, officers, employees, representatives, agents, and volunteers for losses arising from work <br />performed by Company for the City. <br />(c) All Coverages. <br />Upon receipt of notice from its insurer(s) Company shall use commercially reasonable efforts <br />to provide the City with thirty (30) days prior written notice of cancellation of any coverage required <br />herein <br />10.1.5 Acceptability of Insurers <br />Insurance shall be placed with insurers with a Best’s rating of no less than A-:VII. <br />10.1.6 Verification of Coverage. <br />Company shall furnish the City with certificates of insurance and additional insured <br />endorsements effecting coverage required by this Article. The certificates and endorsements for each <br />insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. <br />All certificates and endorsements are to be received and approved by the City before work <br />commences. <br />10.1.7 Indemnification Not Limited <br />Any insurance required to be obtained and maintained by Company under this Agreement <br />shall not limit in any way Company’s indemnification obligations under Article 9 of this Agreement. <br />ATTY/AGR.2022.405/Mobilitie, LLC (Page 13 of 21)