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REV: 03-19-25 JB <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 Effective Date and <br />delivery of such policy or policies shall be a prerequisite to and condition of the <br />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 />pollution coverage in the liability policies required hereunder shall be limited to <br />losses resulting from LICENSEE's activities (and LICENSEE's Agents and <br />Invitees) under this Agreement (excluding nonnegligent aggravation of existing <br />conditions with respect to Hazardous Materials). <br />3) Prior to the Effective Date of this Agreement, LICENSEE shall <br />deliver to CITY certificates of insurance and additional insured policy <br />endorsements from insurers in a form satisfactory to CITY, evidencing the <br />coverages required hereunder, together with complete copies of the policies at <br />CITY's request. In the event LICENSEE shall fail to procure such insurance, or to <br />deliver such policies or certificates, CITY may procure, at its option, the same for <br />the account of LICENSEE, and the cost thereof shall be paid to CITY within five <br />(5) days after delivery to LICENSEE of bills therefore. <br />4) Should any of the required insurance be provided under a form of <br />coverage that includes a general annual aggregate limit or provides that claims <br />investigation or legal defense costs are included in such general annual <br />aggregate limit, such general aggregate limit shall double the occurrence or <br />claims limits specified above. <br />5) Should any of the required insurance be provided under a claims <br />made form, LICENSEE shall maintain such coverage continuously throughout <br />the Term and, without lapse, for a period of three (3) years beyond the License <br />expiration or termination, to the effect that should any occurrences during the <br />Term give rise to claims made after expiration or termination of the License, such <br />claims shall be covered by such claims-made policies. <br />LICENSEE's compliance with the provisions of this Section shall in no way <br />relieve or decrease LICENSEE's indemnification obligations under this <br />Agreement or any of LICENSEE's other obligations hereunder. <br />Notwithstanding anything to the contrary in this Agreement, the License <br />and this Agreement shall terminate immediately, without notice to <br />LICENSEE, upon the lapse of any required insurance coverage. <br />ATTY/AGR.2025.048/Towne Motor Company (License Agreement 1402 Maple Street) (Page 9 of 15)