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DO NOT RECORD <br />12/06/05 <br />of the terms of, or effects arising from this Agreement. Licensor may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />Section 4.02 Insurance <br />In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee <br />shall obtain and furnish to Licensor, a policy of general public liability insurance, <br />commercial general liability insurance including motor vehicle coverage for all vehicles <br />in Licensee's fleet of cars, servicing the License Area. The policy shall indemnify <br />Licensee and Licensor, their officers, agents and employees, while acting within the <br />scope of their duties, against any and all claims arising out of or in connection with the <br />License Area, and shall provide coverage in not less than the following amount: <br />combined single limit bodily injury, personal injury and property damage, liability, of <br />$1,000,000 per occurrence. Licensor also requires an Additional Insured Endorsement, <br />as attached and incorporated herein as Exhibit D. The policy shall name the City of Santa <br />Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall <br />specifically provide that Licensee's insurance coverage shall be primary. Under no <br />circumstances shall the above - mentioned insurance contain a "deductible" or any other <br />similar form of limitation on the required coverage. Licensee is required to give the <br />Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No <br />cancellation provision in any insurance policy shall be construed in derogation of the <br />continuous duty of Licensee to furnish insurance during the term of this Agreement. <br />Failure to comply with the insurance provisions contained herein shall be deemed an <br />event of default under this Agreement. <br />Licensee shall maintain the required insurance certificates in accordance with the terms <br />of this Agreement as well as pursuant to the Orange County Taxi Administration <br />Program (OCTAP) standards. Should any of Licensee's insurance policies have a <br />deductible, the Licensee is fully responsible for payment of said deductible, with no <br />monetary contribution by Licensor. At the time of the execution of this Agreement the <br />maximum allowable deductible that Licensee may have on any insurance policy is <br />$5,000.00. <br />Section 4.03 Property Insurance <br />Licensee shall provide to Licensor, before entering the License Area, and shall maintain <br />in force during the entire term of this Agreement, property insurance with extended <br />coverage endorsements thereon, on the License Area in an amount equal to the full <br />replacement cost and/or value thereof; this policy shall contain a replacement cost <br />endorsement naming Licensee as the insured and shall not contain a co- insurance penalty <br />provision. The policy shall contain a special endorsement that such proceeds shall be <br />used to repair or rebuild any such improvements so damaged or destroyed; and if not so <br />used, such proceeds shall be paid to Licensor. The proceeds of any such insurance <br />payable to Licensor shall be used for rebuilding or repair as necessary to restore the <br />License Area at the discretion of Licensor. The policy shall name Licensor as an <br />Additional Insured. <br />