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<br />"The City of Santa Ana, its officers, agents, employees, and <br />volunteers, are added as an additional insured as respects the <br />operations of the named insured under the cable television <br />franchise granted by the City. Grantee's insurers will complete <br />and submit their standard form Additional Insured Endorsement." <br /> <br />3. The insurance required of Grantee under this franchise is primary, <br />and no insurance held by Grantor may be called upon to contribute to a loss under this coverage. <br /> <br />4. All insurance policies must provide that, in the event of material <br />change, reduction, cancellation, or non-renewal by the insurance carrier for any reason, not less <br />than 30 days' written notice will be given to Grantor by registered mail of such intent to cancel, <br />materially change, reduce, or not renew the coverage. An authorized agent of the insurance <br />carrier must provide to the Grantor, on such schedule as is requested by the Grantor, a <br />certification that all insurance premiums have been paid and all coverages are in force. If for any <br />reason Grantee fails to obtain or keep any of the insurance in force, Grantor may (but is not <br />required to) obtain that insurance. In that event, Grantee must promptly reimburse Grantor its <br />premium costs, plus one and one-half percent (1-1/2%) monthly interest thereon until paid. <br /> <br />5. All insurance must be obtained from companies that are licensed to <br />transact business in California and that have a rating of A-VII or better in A.M. Best Company's <br />Insurance Guide. <br />6. The deductibles or self-insured retentions are subject to the <br />Grantor's prior approval, which approval will not be unreasonably withheld. <br /> <br />(b) No later than 30 days after the effective date of this Agreement, Grantee <br />must provide to Grantor certificates of insurance evidencing the required coverage and any <br />required additional insured endorsements. <br /> <br />(c) Upon Grantor's request, Grantor and Grantee will confer in good faith <br />concerning an increase in the amount or limits of insurance coverage specified above based upon <br />costs and claims experience, but such negotiations will occur no more often than every three <br />years during the term of the franchise. <br /> <br />2.5. Performance Bond for Construction and Securitv Fund. <br /> <br />(a) Performance Bond for Construction. During the term of this Agreement, <br />if Grantee commences new system construction whereby more than 25% of its plant is to be <br />upgraded or replaced, then Grantee must provide to Grantor a performance bond for construction <br />in the amount of $500,000 prior to the commencement of construction. The performance bond <br />for construction will guarantee the Grantee's faithful performance of its obligations under this <br />Agreement. Prior to construction, and in compliance with all applicable local ordinances relating <br />to use of the public rights-of-way, Grantee will either prepay or deposit funds to pay Grantor's <br />inspection fees and administrative costs. The performance bond for construction will guarantee <br />emergency repairs to public improvements that may be damaged in the course of Grantee's <br />construction of the cable system, and will also guarantee that, upon any abandonment or other <br />permanent cessation or termination of the work relating to the construction of Grantee's cable <br /> <br />12097 -0002\6806 72v 19.Joc <br /> <br />-10- <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/05 <br />