|
8.3 Licensee shall maintain business automobile liability insurance, or equivalent
<br /> form,with a combined single limit of not less than$5,000,000 per occurrence. Such insurance shall include
<br /> coverage for owned,hired and non-owned automobiles.
<br /> 8.4 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 services
<br /> under this Agreement,Licensee agrees to obtain and maintain any employer's liability insurance with limits
<br /> not less than$1,000,000 per accident.
<br /> 8.5 Certificates of Insurance: Additional Insured Endorsements.Prior to execution of
<br /> this Agreement,Licensee shall furnish to City certificates of insurance and,if applicable,additional insured
<br /> endorsements to each of Licensee's insurance policies, evidencing the foregoing insurance coverages as
<br /> 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, reduced in
<br /> coverage or in limits, or modified without thirty(30)days prior written notice of City.
<br /> Licensee shall maintain the foregoing insurance coverages in force throughout the term of this
<br /> Agreement. City or its representatives shall at all times have the right to demand the original or a copy of
<br /> all these policies of insurance,which Licensee shall provide within five(5)days of City's request.
<br /> 9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective
<br /> agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any
<br /> and all actions, suits, claims, demands,judgments, losses, expenses, or liabilities, injuries and damages to
<br /> persons and property, including death, arising out of or related to Licensee's use of the License Area, the
<br /> entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default
<br /> in the performance of any of its obligations under this Agreement; provided, however, that Licensee will
<br /> not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence
<br /> or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party
<br /> by reason of any such claim, Licensee,upon receipt of written notice from Covered Party,shall defend the
<br /> same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not
<br /> be a condition precedent to recovery under any indemnification in this Agreement,and a finding of liability
<br /> or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of
<br /> this Section 10 shall survive the termination or expiration of this Agreement.
<br /> 10. Miscellaneous.
<br /> 10.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of
<br /> the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
<br /> previous agreements between the parties with respect to the subject matter of this Agreement. All waivers
<br /> of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party
<br /> to be charged. Any amendment or modification to this Agreement must be in writing and executed by the
<br /> appropriate authorities of the City and Licensee.
<br /> 10.2 Severability. If any term, provision, covenant, or condition of this Agreement is
<br /> held by a court of competent jurisdiction to be invalid,void, or unenforceable,the remaining provisions of
<br /> the Agreement shall continue in full force and effect,unless and to the extent the rights and obligations of
<br /> one or both parties has been materially altered or abridged by such holding.
<br /> Page 4 of 6
<br />
|