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Item 19 - Site License Agreement for Bus Passenger Services
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04/16/2024
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Item 19 - Site License Agreement for Bus Passenger Services
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5/6/2024 2:35:02 PM
Creation date
4/10/2024 3:02:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
19
Date
4/16/2024
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Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may <br />acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain <br />any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies <br />regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the City. The City may require theLicensee to <br />purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, <br />claim administration, and defense expenses within the retention. The policy language shall provide, or be <br />endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. <br />Acceptability of Insurers <br />hlsurance is to be placed with insurers authorized to conduct business in the state with a current A.M. <br />Best's rating of no less than A:VII, unless otherwise acceptable to the City. <br />Verification of Coverage <br />Licensee shall furnish the City with original Certificates of Insurance including all required amendatory <br />endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a <br />copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City <br />before work begins. However, failure to obtain the required documents prior to the work beginning shall not <br />waive the Licensee's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required insurance policies, including <br />endorsements required by these specifications, at any time. <br />Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior <br />experience, insurer, coverage, or other special circumstances. <br />2. MISCELLANEOUS TERMS <br />2.1 Notices Demands and Communications between the Parties. <br />2.1.1 Formal notices, demands and communications between Licensee and City shall be <br />deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal <br />Service, postage prepaid, return receipt requested, as designated in this Section; or (ii) by messenger service <br />for immediate personal delivery; or (M) by electronic transmittal, including fax transmissions with <br />telephonic verification receipt. Such written notices, demands and communications may be sent in the same <br />manner to such other addresses as either Party may from time to time designate by written notice to the <br />other Party. <br />2.1.2 All notices, demands and communications shall be sent, as follows: <br />TO LICENSEE: <br />Futura Bus Net, Inc. <br />4425 E. Olympic Blvd. <br />Los Angeles, CA 90023 <br />TO CITY: <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-22) <br />Santa Ana, California 92701 <br />Attention: Executive Director of Public Works <br />
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