Laserfiche WebLink
DO NOT RECORD <br />City. In the event City is named as codefendant, BTN shall notify City of such fact and <br />shall represent City in such legal action unless City undertakes to represent itself as <br />codefendant in such legal action, in which event City shall bear its own litigation costs, <br />expenses and attorney's fees. BTN further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the City, including fees and costs for special counsel to be <br />selected by City, regarding any action by a third party challenging the validity of this <br />Agreement, or asserting that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief due to personal or property rights arises by reason of the terms <br />of, or effects arising from this Agreement. City may make all reasonable decisions with <br />respect to its representation in any legal proceeding. <br />8. Insurance. <br />a. BTN shall obtain and furnish to City, a policy of general public <br />liability insurance, commercial general liability and property insurance covering the <br />nursery facilities and naming the City, its officers, agents and employees as additional <br />insured(s). The policy shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of BTN's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles, <br />and shall provide coverage in not less than the following amount: combined single limit <br />bodily injury, personal injury and property damage, liability, of $1,000,000 per <br />occurrence. The policy shall include an Additional Insured Endorsement, which shall <br />name City, its agents, officers, employees and volunteers as Additional Insureds, and <br />shall specifically provide that any City insurance coverage which may be applicable shall <br />be deemed excess coverage and that BTN's insurance shall be primary, and contain a <br />standard separation of insureds provision. <br />b. The following requirements apply to the insurance to be provided by <br />BTN pursuant to this section: <br />(i) BTN shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material <br />aspect without thirty (30) days prior written notice to the City. <br />C. If BTN 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 <br />insurance has been procured and is in force and paid for, the City shall have the right, at <br />the City's election, to forthwith terminate this Agreement. <br />4 <br />25F-6