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5 <br />(a) Licensee Insurance. Licensee shall, throughout the Term, at its own <br />expense, keep and maintain in full force and effect the following polic y, which shall be endorsed <br />as needed to provide that the insurance afforded by the policy is primary and that all insurance <br />or self-insured retention carried or maintained by the City is strictly excess and secondary and <br />shall not contribute with Licensee’s liability insurance: <br />A policy of commercial general liability insurance insuring against claims of bodily <br />injury and death or property damage or loss with a combined single limit at the <br />Effective Date of this License of not less than Two Million Dollars ($2,000,000.00) <br />per occurrence. Licensee shall include the City as an additional insured. <br />The insurance policy required under this Section shall be with companies having a rating <br />according to Best’s Insurance Key Rating Guide for Property – Casualties of no less than A- Class <br />VIII. The policy shall provide that it is not subject to cancellation, lapse or reductio n in coverage <br />except after thirty (30) days’ written notice to the City. Licensee shall deliver to the City, prior to <br />the commencement of its occupation of the Licensed Property and from time to time thereafter, <br />at the City’s request, certificates evidencing the existence and amounts of such policy and copies <br />of such insurance policy. Receipt by the City or the City’s designee of any certificate or other <br />insurance document showing less coverage than required is not a waiver of Licensee’s obligations <br />to fulfill the requirements of this Section. No statement on a third -party website (such as a <br />Trustlayer) that a requirement is “waived” or “overridden” is a waiver of Licensee’s obligations <br />to fulfill the requirements of this Section. <br />(b) Waiver of Subrogation. Licensee intends that its property loss risks shall <br />be borne by its insurance carriers to the extent above provided, and Licensee hereby agrees to <br />look solely to, and seek recovery only from, its respective insurance carriers in the event of a <br />property loss to the extent that such coverage is agreed to be provided hereunder. Licensee <br />hereby waives all rights and claims for such losses, and waives all rights of subrogation of its <br />respective insurers, provided such waiver of subrogation shall not affect the rights to the insured <br />to recover thereunder. Licensee agrees that its respective insurance policies are now, or shall <br />be, endorsed such that the waiver of subrogation shall not affect the right of the insured to <br />recover thereunder, so long as no material additional premium is charged therefor . <br />15. HAZARDOUS MATERIALS. <br />(a) Licensee shall not cause or permit any storage, use, sale, release, <br />generation or disposal of any Hazardous Materials (as defined below) in, on or about the Licensed <br />Property; provided, however, Licensee shall be permitted without notice or the City’s written <br />consent to handle, store, use or dispose of products containing small quantities of Hazardous <br />Materials, such as ordinary cleaning and ordinary maintenance products used by Licensee for <br />cleaning and maintenance in the reasonable and prudent conduct of the Approved Use on the <br />Licensed Property. Licensee further covenants and agrees that at all times during the Term of <br />this License, Licensee shall comply with all applicable Environmental Laws (as defined below), <br />now or hereafter in effect, regulating Licensee’s occupation and/or operation and/or use of the <br />Licensed Property.