|
a. Coveraaes and Limits. Licensee, at its sole expense, shall maintain the
<br /> types of coverages and minimum limits indicated below, unless the Risk Manager or
<br /> City Manager, in consultation with the City Attorney, approves a lower amount. These
<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 Liabilitv 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 /> o�cers, agents, volunteers and employees additional insureds.
<br /> c. Automobile liabilitv 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' Comaensation and Emalover's Liabilitv 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. Providina 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 Coveraae. 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 /> ATTY/AGR/2012.028IFARMERS MARKET LICENSE - ROTARY
<br /> REV:03-21-12
<br /> Page 4 oi 74
<br />
|