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REV: 03-28-25 JB D. Damage to LICENSEE Property. LICENSEE hereby waives any recovery of damages against CITY (including their employees, officers, directors, agents, or representatives) for loss or damage to any personal property. E. Other. 1) The minimum limits of policies of insurance required of LICENSEE under this Agreement shall in no event limit the liability of LICENSEE under this Agreement. All policies required hereunder shall be endorsed to: (i) name CITY as additional insureds; (ii) be primary insurance as to all claims thereunder and provide that any insurance carried by CITY is excess and is non-contributing with any insurance requirement of LICENSEE; (iii) provide that such insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to CITY ; and (iv) contain a waiver of subrogation and cross- liability endorsement or severability of interest clause acceptable to CITY. LICENSEE shall deliver certificates thereof on or before the Effective Date and delivery of such policy or policies shall be a prerequisite to and condition of the License. 2) All policies required hereunder shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage 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 activities (and LICENSEE's Agents and Invitees) under this Agreement (excluding nonnegligent aggravation of existing conditions with respect to Hazardous Materials). 3) Prior to the Effective Date of this Agreement, LICENSEE shall deliver to CITY certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to CITY, evidencing the coverages required hereunder, together with complete copies of the policies at CITY's request. In the event LICENSEE shall fail to procure such insurance, or to deliver such policies or certificates, CITY may procure, at its option, the same for the account of LICENSEE, and the cost thereof shall be paid to CITY within five (5) days after delivery to LICENSEE of bills therefore. 4) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs are included in such general ATTY/AGR.2025.059/Carlsen Motor Cars (License Agreement 1402 Maple Street) (Page 9 of 15)