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1 0. INSURANCE AND INDEMNIFICATION <br /> 10.1 Insurance: <br /> 10.1.1 Franchisee shall maintain in full force and effect, at its own cost and <br /> expense,during the Franchise Term, the following insurance coverage: <br /> 10.1.1.1 Commercial General Liability Insurance in the amount of two <br /> million five hundred thousand dollars($2,500,000)combined single limit for property damage <br /> and bodily injury. Such insurance shall cover the construction, operation and maintenance of the <br /> Cable System,and the conduct of Franchisee's Cable Service business in the City. <br /> 10.1.1.2 Automobile Liability Insurance in the amount of two million <br /> five hundred thousand dollars ($2,500,000) combined single limit for bodily injury and property <br /> damage coverage. <br /> 10.1.1.3 Workers' Compensation Insurance meeting all legal <br /> requirements of the State of Washington. <br /> 10.1.1.4 Employers' Liability Insurance in the following amounts: (A) <br /> Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee <br /> limit; $500,000 policy limit. <br /> 10.1.2 The City, its officers,directors, and employees shall be designated as <br /> additional insured under each of the insurance policies required in this Article 10 except <br /> Worker's Compensation and Employer's Liability Insurance. <br /> 10.1.3 Franchisee shall not cancel any required insurance policy without <br /> obtaining alternative insurance in conformance with this Agreement. <br /> 10.1.4 Each of the required insurance policies shall be with sureties qualified to <br /> do business in the State of Washington,with an A-or better rating for financial condition and <br /> financial performance by Best's Key Rating Guide,Property/Casualty Edition. <br /> 10.1.5 Upon written request,Franchisee shall deliver to the City Certificates of <br /> Insurance showing evidence of the required coverage. <br /> 10.2 Indemnification: <br /> 10.2.1 Franchisee agrees to indemnify,save and hold harmless,and defend the <br /> City,its officers, agents, boards and employees, from and against any liability for damages or <br /> claims resulting from tangible property damage or bodily injury(including accidental death),to <br /> the extent proximately caused by Franchisee's construction,operation, or maintenance of its <br /> Cable System,including but not limited to any claim against the Franchisee for invasion of the <br /> right of privacy,defamation of any Person,firm or corporation,or the violation or infringement <br /> of any copyright,trade mark,trade name,service mark,or patent, or of any other intellectual <br /> property right of any Person, firm or corporation,or other violation of law. Franchisee shall <br /> EVERETT 16 <br /> Seattle-3388207.8 0010932-00119 <br />