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REV: 11-28-23 VR <br />against claims of bodily injury, personal injury and property damage arising out of <br />LICENSEE’s activities (which shall include the Activities described in Section 4 <br />above), assumed liabilities, or use of the Property, including contractual liability <br />coverage for the performance by LICENSEE of the indemnity agreements set <br />forth in this Agreement, and coverage for damage to the Property (including all <br />improvements in LICENSEE’s care, custody, or control), for limits of liability not <br />less than: <br />Bodily Injury, Personal Injury and Property Damage: $2,000,000 each <br />occurrence and $4,000,000 annual aggregate. <br />B.Automobile Liability Insurance. Automobile liability insurance policy with a <br />minimum limit of not less than $1,000,000 per accident. Coverage shall be <br />applicable to all owned, hired or non-owned vehicles on the License Area. <br />C.Workers’ Compensation and Employers’ Liability. Workers’ compensation <br />policy written in accordance with the laws of the State of California. This policy <br />shall include Employer’s liability coverage with limits not less than $1,000,000 per <br />occurrence. LICENSEE shall submit to City, along with the certificate of <br />insurance, a Waiver of Subrogation endorsement in favor of City, its officers, <br />agents, employees, and volunteers. <br />D.Damage to LICENSEE Property. LICENSEE hereby waives any recovery <br />of damages against CITY (including their employees, officers, directors, agents, <br />or representatives) for loss or damage to any personal property. <br />E.Other. <br />1) The minimum limits of policies of insurance required of LICENSEE <br />under this Agreement shall in no event limit the liability of LICENSEE under this <br />Agreement. All policies required hereunder shall be endorsed to: (i) name CITY <br />as additional insureds; (ii) be primary insurance as to all claims thereunder and <br />provide that any insurance carried by CITY is excess and is non-contributing with <br />any insurance requirement of LICENSEE; (iii) provide that such insurance shall <br />not be canceled or coverage changed unless thirty (30) days’ prior written notice <br />shall have been given to CITY ; and (iv) contain a waiver of subrogation and <br />cross-liability endorsement or severability of interest clause acceptable to CITY. <br />LICENSEE shall deliver certificates thereof on or before the Commencement <br />Date and delivery of such policy or policies shall be a prerequisite to and <br />condition of the License. <br />2) All policies required hereunder shall also provide for severability of <br />interests and that an act or omission of one of the named insureds which would <br />void or otherwise reduce coverage shall not reduce or void the coverage as to <br />any insured, and shall afford coverage for all claims based on acts, omissions, <br />injury or damage which occurred or arose (or the onset of which occurred or <br />arose) in whole or in part during the policy period. Sudden and accidental <br />ATTY/AGR.2023.289/Carlsen Motor Cars (1402 Maple License Agreement) (Page 8 of 14)