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6.1.D. - Page 7
<br />minimum amounts of coverage will not constitute any limitations or cap on Licensee's
<br />indemnification obligations under this Agreement.
<br />b. Commercial General Liability Insurance with a minimum $1,000,000 limit
<br />per occurrence. If the submitted policies contain aggregate limits, general aggregate
<br />limits will apply separately to the work under this Agreement or the general aggregate
<br />will be twice the required per occurrence limit. Such insurance shall name the City, its
<br />officers, agents, volunteers and employees additional insureds.
<br />c. Automobile Liability Insurance with a minimum $1,000,000 limit each
<br />accident. Such insurance shall include coverage for owned, hired and non -owned
<br />vehicles.
<br />d. Workers' Compensation and Employer's Liability Insurance Workers'
<br />Compensation insurance shall comply with the California Labor Code and Employer's
<br />Liability insurance shall contain minimum limits of $1,000,000. Workers' Compensation
<br />and Employer's Liability insurance will not be required if Licensee has no employees
<br />and provides, to City's satisfaction, a declaration stating this. Licensee hereby grants to
<br />City a waiver of any right to subrogation for injuries covered by the Workers'
<br />Compensation policy and agrees to obtain an endorsement to the policy whereby the
<br />insurer waives any such right.
<br />e. Notice of Cancellation All policies required herein shall be in force
<br />during the life of this Agreement and any extensions of it and will not be canceled
<br />without thirty (30) days prior written notice to City sent pursuant to the Notice provisions
<br />of this Agreement.
<br />f. Providing Certificates of Insurance and Endorsements Prior to City's
<br />execution of this Agreement, Licensee will furnish certificates of insurance evidencing
<br />compliance with the insurance requirements, and the additional insured endorsement to
<br />the Commercial General Liability policy.
<br />g. Failure to Maintain Coverage If Licensee fails to maintain any of these
<br />insurance coverages, then City will have the option to declare the Licensee in breach, or
<br />may purchase replacement insurance at Licensee's expense.
<br />10. Hold Harmless To the extent permitted by law, Licensee, as a material part
<br />of the consideration to be rendered by City under this Agreement, shall exercise it
<br />privileges hereunder at its own risk and shall indemnify, defend, reimburse and hold
<br />harmless City, its officers, officials, employees, agents, representatives, volunteers, and
<br />each of them (collectively, "City Parties "), from and against any and all demands,
<br />claims, legal or administrative proceedings, losses, costs, penalties, fines, liens,
<br />judgments, damages and liabilities of any kind (collectively, "Claims "), arising in any
<br />manner out of (a) any injury to or death of any person or damage to or destruction of
<br />any property occurring in, on or about the City Property, or any part thereof including the
<br />Farmers' Market Area, whether such injury, death, damage or destruction is caused by
<br />ATTY /AGR /2012.029 /FARMERS MARKET LICENSE - KIWANIS
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