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REV: 09-30-22 SK <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. The City reserves the right to require complete certified copies of all required insurance <br />policies at any time. <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 />ARTICLE 11 <br />MISCELLANEOUS PROVISIONS <br />11.1 Representations and Warranties. Each party represents and warrants that it has the <br />full right and authority to enter into, execute, deliver and perform its obligations under this <br />Agreement and that this Agreement constitutes a legal, valid and binding obligation enforceable <br />against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors’ rights <br />and general equitable principles. The Company represents and warrants that it has any and all <br />authorizations and approvals from state and federal regulatory agencies including the California <br />Public Utilities Commission and the Federal Communications Commission as are necessary for the <br />activities and Facilities contemplated by the Agreement and that Company is in compliance in all <br />material respects with its obligations under such authorizations. <br />ATTY/AGR.2022.364/Bandwidth IG, LLC (New Fiber Install) (Page 12 of 20)