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AgdaPkt 2013-03-11
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AgdaPkt 2013-03-11
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Last modified
3/12/2013 4:28:35 PM
Creation date
3/7/2013 4:37:19 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
3/11/2013
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6.1.A. - Page 6 <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 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. Providinq 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 Coveraqe. 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 /> 14. 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 its <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 /> ATTY/AGR/2013.024/BAAQMD REVOCABLE LICENSE AGREEMENT <br /> REV:02-25-13 MLG <br /> Page 4 of 9 <br />
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