Ordinance 2215-97 - Laserfiche WebLink

• installation, maintenance, replacement or relocation of any City-owned facility to which such Radio is attached. 7.4 The City shall be liable only for the cost of repair to damaged Radios arising from the sole or gross negligence or willful misconduct of City or its employees or agents, and the City shall not be responsible for any damages, losses, or liability of any kind occurring by reason of anything done or omitted to be done by the City or by any third party, including, without limitation, damages, losses, or liability arising from the issuance or approval by the City of a permit to any third party or any interruption in Services. 8. INSURANCE. 8.1 Metricom shall obtain and maintain at all times during the term of this Franchise comprehensive general liability insurance and comprehensive automotive liability insurance protecting Metricom in an amount of not less than one million dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and not less than one million dollars ($1,000,000) aggregate, for each personal injury liability, products- completed operations, and each accident. Such insurance shall name the City, its council members, officers, employees, agents, and contractors as additional insureds as respects any liability arising out of Metricom's performance of work under this Franchise, or suitable additional insured endorsement acceptable to the City. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 8.2 Metricom shall file the required original certificate(s) of insurance with endorsements with the City, subject to the City's prior approval, which shall clearly state: 8.2.1 Policy number; name of insurance company; name, address and telephone number of the agent or authorized representative; name, address and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; 8.2.2 That thirty (30) days prior notice of cancellation is unqualified as to the acceptance of liability for failure to notify the City; and 8.2.3 That Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have, and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. 10