2011/01/26 Council Agenda Packet

Tracking#10-41274 INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this License the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of$5,000,000 each occurrence and an aggregate limit of at least $10,000,000, but in no event less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Waiver of subrogation in favor of and acceptable to Licensor. • Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Global Services - RR, Inc. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Licensor employees. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage. • Any and all vehicles owned, used or hired. Waiver of subrogation in favor of and acceptable to Licensor. • Additional insured endorsement in favor or and acceptable to Licensor. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. Form 424;Rev.04/26/05 815