<br />i. Commercial General Liability Insurance. Licensee shall maintain
<br />commercial general liability insurance naming the City and its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be limited to,
<br />protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's
<br />operations in the performance ofthis Agreement, including, without limitation, acts involving
<br />vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of$I,OOO,OOO,OO per occurrence. Licensee shall supply City with a
<br />fully executed additional insured endorsement in substantially the form attached hereto as
<br />Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney,
<br />
<br />ii. The following requirements apply to the insurance to be provided
<br />by Licensee pursuant to this section:
<br />
<br />. Licensee shall maintain all insurance required above in full force and effect
<br />for the entire period covered by this Agreement.
<br />. Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />. Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the City.
<br />
<br />111. If Licensee fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish the City with required proof that insurance
<br />has been procured and is in force and paid for, the City shall have the right, at its election, to
<br />forthwith terminate this Agreement.
<br />
<br />(e) Licensee shall not permit any mechanics', materialmen's or other liens of
<br />any kind or nature ("Liens") to be filed or enforced against the Property in connection with this
<br />Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any
<br />and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees,
<br />arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from
<br />time to time, to post and maintain on the Property, or any portion thereof, or on the
<br />improvements on the Property, any notices of non-responsibility or other notice as may be
<br />desirable to protect City against liability. In addition to, and not as a limitation of City's other
<br />rights and remedies under this Agreement, should the Licensee fail, within ten (10) days of
<br />written request from City, either to discharge any Lien or to bond for any Lien, or to defend,
<br />indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim
<br />arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge
<br />such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees
<br />incurred in doing so shall be paid to City, as applicable, by the Licensee upon written demand.
<br />
<br />(f) Licensee shall not have any interest in the Property or be entitled to any
<br />reimbursement or repayment for any work performed upon the Property pursuant to this
<br />Agreement.
<br />
<br />2
<br />
|