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25B - AGMT - FINANCING FIRMS
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04/01/2014
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25B - AGMT - FINANCING FIRMS
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Last modified
4/1/2014 2:09:27 PM
Creation date
3/27/2014 3:54:00 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25B
Date
4/1/2014
Destruction Year
2019
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Investment Banker and the City against any loss, claim or damage arising from any injuries <br />or occupational diseases occurring to any worker employed by or any persons retained by <br />the Investment Banker in the course of carrying out the work or services contemplated in this <br />Agreement. <br /> (c) Automotive Insurance. Business automobile liability insurance, or <br />equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. <br />Said policy shall include coverage for owned, non-owned, leased and hired cars. <br /> (d) Professional Liability or Error and Omissions Insurance. A policy of <br />insurance in an amount not less than $1,000,000.00 per claim or as is customary for the work <br />to performed under this contract with respect to loss arising from the actions of Investment <br />Banker performing professional services hereunder on behalf of the City. <br /> All of the above policies of insurance shall be primary insurance and shall name the City, its <br />officers, employees and agents as additional insureds. The insurer shall waive all rights of <br />subrogation and contribution it may have against the City, its officers, employees and agents and <br />their respective insurers. All of said policies of insurance shall provide that said insurance may not <br />be amended or canceled without providing thirty (30) days prior written notice by registered mail to <br />the City. In the event any of said policies of insurance are canceled, the Investment Banker shall, <br />prior to the cancellation date, submit new evidence of insurance in conformance with this Section <br />4.1 to the Contract Officer. No work or services under this Agreement shall commence until the <br />Investment Banker has provided the City with Certificates of Insurance or appropriate insurance <br />binders evidencing the above insurance coverages and said Certificates of Insurance or binders are <br />approved by the City. <br /> CANCELLATION: <br /> SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE <br />THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL <br />THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER <br />NAMED HEREIN. <br /> The Investment Banker agrees that the provisions of this Section 4.1 shall not be construed <br />as limiting in any way the extent to which the Investment Banker may be held responsible for the <br />payment of damages to any persons or property resulting from the Investment Banker's activities or <br />the activities of any person or persons for which the Investment Banker is otherwise responsible. <br /> The insurance required by this Agreement shall be satisfactory only if issued by companies <br />qualified to do business in California, rated "A" or better in the most recent edition of Best Rating <br />Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category <br />Class VII or better, unless such requirements are waived by the City Attorney due to unique <br />circumstances. <br /> 4.2 Indemnification. Any bond purchase agreement that may be entered into <br />by the City and the Investment Banker in connection with the Bonds will contain customary <br />indemnification provisions between the parties as for similar agreements and transactions. <br /> <br />
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