|
4. INDEMNITY AND INSURANCE
<br />4.1 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its
<br />respective agents, officers, representatives, employees, subsidiaries and affiliates ("Covered
<br />Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses,
<br />or liabilities, injuries and damages to persons and property, including death, arising out of or
<br />related to Licensee's use of the Property, the entry by any Licensee Party on any portion of the
<br />Property or surrounding property or Facilities, or Licensee's breach or default in the performance
<br />of any of its obligations under this Agreement. If any action or proceeding is brought against any
<br />Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered
<br />Party, shall defend the same at Licensee's sole expense with legal counsel reasonably acceptable
<br />to Covered Party. Payment shall not be a condition precedent to recovery under any
<br />indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall
<br />not be a condition precedent to the duty to defend. The provisions of this Section 4.1 shall survive
<br />the termination or expiration of this Agreement.
<br />4.2 Insurance Requirements.
<br />4.2.1 Licensee shall maintain commercial general liability insurance which shall
<br />include, but not be limited to, protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of Licensee's use of the Property, including, without limitation, acts involving vehicles.
<br />The amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds provisions.
<br />4.2.2 Licensee shall maintain business automobile liability insurance, or
<br />equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such
<br />insurance shall include coverage for owned, hired and non -owned automobiles.
<br />4.2.3 Pursuant to state law, Licensee is required to be insured against liability for
<br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of
<br />services under this Agreement, Licensee agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
<br />4.3. Certificates of Insurance: Additional Insured Endorsements. Prior to execution of
<br />this Agreement, Licensee shall furnish to City certificates of insurance and, if applicable,
<br />additional insured endorsements to each of Licensee's insurance policies, evidencing the foregoing
<br />insurance coverages as required by this Agreement. These certificates shall:
<br />a. provide the name and policy number of each carrier and policy;
<br />b. shall state that the policy is currently in force; and
<br />C. shall promise to provide that such policies will not be canceled, suspended, voided,
<br />A f9
<br />
|