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REV: 03-25-24 LF cancellation. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this License or fails to furnish certificates of insurance as detailed in Section 12.1, such failure shall be deemed a material breach of this License, giving City, in its discretion, the option to terminate this License and obtain damages therefor. 12.2 Prior to the commencement of any work pursuant to this License, Licensee must file with City the required original certificates of insurance and blanket additional insured endorsements, which certificates must state the following: (a)The policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b)Intentionally deleted; (c)That Licensee’s Commercial General Liability insurance policy is primary with respect to claims resulting from Licensee’s negligence; and that any other insurance the City possesses will be considered excess insurance only and will not be required to contribute with this insurance; (d)That Licensee’s Commercial General Liability insurance policy waives any right of recovery that the insurance company may have against the City. The certificates of insurance and blanket additional insured endorsement and notices must be emailed to the City at the address specified below in Section 10. 12.3 Licensee shall obtain and maintain at all times during the term of this License statutory workers’ compensation in compliance with the statutory requirements of the state(s) of operation and employer’s liability insurance in an amount of One Million Dollars ($1,000,000) each accident/disease/policy limit and must furnish to City a certificate showing proof of that coverage. Licensee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, employees, and volunteers. 12.4 All insurance policies obtained by Licensee must be issued by companies that are eligible to do business in the State of California and that have a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-” Overall and a Financial Size Category of “VII”. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 12.5 “Severability of interest” or “separation of insureds” clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 12.6 Self-Insurance. Notwithstanding the forgoing, Licensee may self-insure any of the required insurance under the same terms as required by this License. If Licensee elects to fulfill the obligation of this License to include the City as an additional insured through self-insurance, the following conditions apply: (i) within thirty (30) days after notice thereof, City shall provide Licensee with written notice of any claim, damage, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 17 of 46)