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2023/12/13 Council Agenda Packet
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2023/12/13 Council Agenda Packet
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12/14/2023 8:51:43 AM
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12/13/2023 5:03:11 PM
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Council Agenda Packet
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12/13/2023
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<br />-14- <br /> <br /> <br />[WHILE INSURANCE LANGUAGE MAY VARY WITH EACH ATTACHER, <br />INSURANCE COVERAGE MUST SUBSTANTIALLY COMPLY WITH THE <br />FOLLOWING TERMS AND CONDITIONS] <br /> <br />The Licensee shall carry insurance, at its sole cost and expense to protect the Licensor and <br />joint users in respect of the Licensee’s liability for all claims and demands and from and <br />against any and all actions, judgments, costs, expense and liabilities of every name and <br />nature arising out of and/or resulting from use and occupancy of premises or by reason of <br />the acts or omissions of the Licensee hereunder. <br /> <br /> (a) Liability Limits. Commercial General Liability with a limit of $2,000,000 <br />per occurrence for bodily injury and property damage and $2,000,000 general aggregate <br />including personal and advertising injury. <br /> <br />(b) Increase in Limits. Licensee understands that circumstances may change <br />and that an increase in the limits of liability insurance may be necessary. Accordingly, <br />Licensee agrees, upon sixty (60) days’ prior written notice to Licensee that states proposed <br />insurance limit increase, that Licensor may reasonably require an increase in the limits of <br />liability insurance and Licensee further agrees to provide such insurance in increased <br />amounts as a condition to Licensee’s continued use of Licensor’s poles. If Licensee is <br />unwilling or unable to obtain insurance in such increased limits, Licensee shall be deemed <br />to have terminated this Agreement and shall be required to remove its attachments and <br />facilities from Licensor’s poles in accordance with Section 4.10. <br /> <br /> (c) Worker’s Compensation. Licensee agrees to comply with the <br />requirements of any applicable Worker’s Compensation laws. <br /> <br /> (d) Evidence of Insurance. Licensee agrees to provide a Certificate of <br />Insurance and additional insured endorsement annually upon the anniversary date of this <br />Agreement. All insurance required hereunder shall remain in force for the entire life of <br />this Agreement. The company or companies issuing such insurance be rated A-, VII or <br />better by AM Best or otherwise be reasonably acceptable to Licensor. The Licensor shall <br />be included as an additional insured party as its interest may appear under this Agreement <br />on the commercial general liability and commercial automobile liability policies. Upon <br />receipt of notice from insurer(s), Licensee shall provide Licensor with thirty (30) days prior <br />written notice of cancellation of any required insurance coverage. <br /> <br /> (e) Primary Coverage Required. The insurance shall provide primary coverage <br />to Licensor and shall not be contributory with or excess to any other insurance maintained <br />by Licensor. <br /> <br /> <br />5.03 Notification of Claims <br /> <br />To the extent known and when known, the Licensee shall promptly advise the Licensor of <br />all claims relating to damage to property or injury to or death of persons, arising or alleged <br />to have arisen in any manner by, or directly or indirectly associated with, the erection, <br />maintenance, presence, use or removal of the Licensee’s Equipment located on Licensor’s
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