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2007/02/14 Council Agenda Packet
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2007/02/14 Council Agenda Packet
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Council Agenda Packet
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2/14/2007
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4 <br /> 11. INSURANCE. EVERGREEN RECYCLING INC. shall maintain commercial <br /> general liability insurance coverage during the term of this License with$1,000,000 <br /> combined single limits, which insurance shall be primary and non-contributing. <br /> EVERGREEN RECYCLING INC. shall ensure the City is endorsed as an additional <br /> insured on the policy. EVERGREEN RECYCLING INC. shall provide the City evidence <br /> of coverage and endorsement. Insurance coverage and limits of liability as specified herein <br /> are minimum coverage and limit of liability requirements only. They shall not be <br /> construed to limit the liability of EVERGREEN RECYCLING INC. or any insurer for any <br /> claim that is required to be covered hereunder. Moreover, the City shall be an additional <br /> insured, where additional insured status is required, for the full available limits of liability <br /> maintained by EVERGREEN RECYCLING INC., whether those limits are primary, <br /> excess, contingent or otherwise. <br /> 12. NON-INTERFERENCE WITH CITY USE. EVERGREEN RECYCLING INC.'s <br /> use of the Property shall not interfere in any way with any City use of the property, <br /> including utilities and travel. <br /> 13. RELOCATION. EVERGREEN RECYCLING INC. specifically agrees to relocate <br /> or remove, whichever the City requires, all or any part of its materials located on the <br /> Property due to maintenance, repair, or construction of City's property or a City <br /> improvement. EVERGREEN RECYCLING INC. shall commence the relocation or <br /> removal within thirty(30) days of notice by the City that EVERGREEN RECYCLING <br /> INC. must relocate or remove materials. If EVERGREEN RECYCLING INC. fails to <br /> commence the relocation or removal as required or, having commenced it, fails to proceed <br /> with reasonable dispatch, the City shall, in addition to its remedy for damages, be entitled <br /> to specific enforcement of EVERGREEN RECYCLING INC.'s obligation hereunder and <br /> shall also have the right and authority to remove, at EVERGREEN RECYCLING INC.'s <br /> expense, such portion of the materials as EVERGREEN RECYCLING INC. has failed to <br /> relocate or remove without incurring any liability whatsoever. <br /> 14. REPAIR OF PROPERTY. EVERGREEN RECYCLING INC. shall use care to <br /> avoid damaging or destroying property by reason of its operations pursuant to this <br /> License. Any damage caused by EVERGREEN RECYCLING INC. to City or other <br /> property shall be promptly repaired or replaced by EVERGREEN RECYCLING INC. to <br /> the satisfaction of the City, or in lieu of such repair or replacement, EVERGREEN <br /> RECYCLING INC. shall pay, to the City or owner of other property, money in an amount <br /> sufficient to compensate for the loss sustained by reason of damage to or destruction of <br /> City's or other party's property or improvements. <br /> page 3 <br /> r <br />
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