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a. Commercial General Liability Insurance. Promoter and each of its operators and <br />subcontractors shall maintain commercial general liability insurance which shall include, but not be <br />limited to 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 the operations or <br />performance of this Agreement by Promoter, its operators or subcontractors, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. <br />A. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, <br />hired and non-owned automobiles. <br />B. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Promoter, if Promoter has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance <br />of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />C. The following requirements apply to the insurance to be provided by Promoter <br />pursuant to this section: <br />i. Promoter shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />ii. 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 />iii. 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 (30) <br />days prior written notice to the City; and shall state as follows: <br />"The above detailed coverage is not subject to any deductible or <br />self-insured retention, or any other form of similar type limitation. " <br />iv. A complete and signed certificate of insurance with all endorsements required by <br />this Section shall be filed with City prior to the execution of this Agreement. At <br />least thirty (30) days prior to the expiration of any such policy, a signed and <br />complete certification of insurance showing that coverage has been renewed, <br />shall be filed with the City. <br />V. If the certificate of insurance is in the name of the carnival Promoter it shall <br />include the name of the carnival promoter as additionally insured. <br />E. If Promoter fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. <br />4 <br />20B-26