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25I - AGMT - ELECTRIC VEHICLE CHARGERS
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08/05/2013
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25I - AGMT - ELECTRIC VEHICLE CHARGERS
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8/1/2013 10:56:58 AM
Creation date
8/1/2013 10:03:40 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25I
Date
8/5/2013
Destruction Year
2018
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14. Applicable law. This Agreement will be construed, and performance will be determined, <br />according to the laws of the State of California without reference to such state's principles of <br />conflicts of law and the state and federal courts of California shall have exclusive jurisdiction <br />over any claim arising under this Agreement. <br />15. Insurance. <br />(i) CCI and CCI Program Partners shall maintain, at its own expense during the term of this <br />Agreement, Workers' Compensation & Employer's Liability. In accordance with the <br />provisions of Section 3300 of the Labor Code, CCI and CCI Program Partners, are <br />required to be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this Agreement, CCI <br />and CCI Program Partners agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />• Consultant 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 in a form approved by the City Attorney. <br />(ii)CCI and CCI Program Partners shall not be required to maintain any employment related <br />insurance for any employee, contractor or agent of Site Owner, whether or not said <br />person is engaged in the Initial Upgrade or Access. <br />(iii)CCI and CCI Program Partners shall maintain, at its own expense during the term of this <br />Agreement, 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 <br />coverage for owned, hired and non-owned automobiles. <br />(iv) Commercial General Liability Insurance. CCI and CCI Program Partners shall maintain <br />commercial general liability insurance which shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence arising <br />out of CCI and CCI Program Partners operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be <br />not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name <br />the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds <br />provisions. <br />16. Indemnification. <br />251-46
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