Agmt24 Pizza My Heart, Inc. (831 Middlefield)

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(i) Commercial General Liability Insurance. Commercial General Liability insurance written on a form that provides coverage at least as broad as form ISO CG 00 01 covering the insured with a duty to defend against claims of bodily injury, personal injury and property damage arising out of the Licensee's use of the Licensed Area (which shall include the use described in Section 5 above), assumed liabilities, or use of the Licensed Area, including contractual liability coverage for the performance by the Licensee of the indemnity agreements set forth in this License Agreement, and coverage for damage to the Licensed Area (including all improvements in the Licensee's care, custody, or control), for limits of liability not less than: Bodily Injury, Personal Injury and Property Damage: $1,000,000 each occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Outdoor Business Activity and Licensed Area, or the general aggregate limit shall be twice the required occurrence limit. The General Liability insurance policy shall be endorsed to name the City, its Council, its officers, agents, employees and volunteers as additional insureds for ongoing and completed operations, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. The Licensee shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. The Licensee agrees to obtain this endorsement and this provision applies whether or not the City has received a waiver of subrogation endorsement. (ii) Workers' Compensation and Employers' Liability. Workers' compensation policy is written in accordance with the laws of the State of California. This policy shall include Employer's liability coverage with limits not less than $1,000,000 per occurrence. The Licensee shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. (iii) Damage to the Licensee Property. Licensee shall be responsible, at its expense, for separately insuring Licensee's personal property. The Licensee hereby waives any recovery of damages against the City (including their employees, officers, directors, agents, or representatives) for loss or damage to any personal property, including, but not limited to the Licensee's Improvements. B. Notice of cancellation and Failure to Maintain Coverage. This insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to the City per the Notices provisions of this agreement. Notwithstanding anything to the contrary in this License Agreement, this License Agreement shall terminate immediately, without notice to Licensee, upon the lapse of any required insurance coverage without prior written notice. C. Other Requirements. All policies required hereunder shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Sudden and accidental pollution coverage in the liability policies required hereunder shall be limited to losses resulting from Licensee's use of the Licensed Area under this Agreement. REV: 10-24-24 JB ATTY/AGR.2024.204/Pizza My Heart (831 Middlefield Rd) (Page 6 of 29)