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Tracking#16-55541 <br /> 15.5 Intentionally Deleted. <br /> 15.6 Other Requirements: <br /> 15.6.1 Where allowable by law, all policies (applying to coverage listed above) shall contain no <br /> exclusion for punitive damages. <br /> 15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against <br /> Licensor. In addition, Licensee's insurers, through the terms of the policy or a policy <br /> endorsement, must walve their right of subrogation against Licensor for all claims and suits, <br /> and the certificate of insurance must reflect the waiver of subrogation endorsement. Licensee <br /> further waives its right of recovery,and its insurers must also waive their right of subrogation <br /> against Licensor for loss of Licensee's owned or leased property,or property under Licensee's <br /> care,custody,or control. <br /> 15.6.3 Licensee is not allowed to self-insure without the prior written consent of Licensor. If granted <br /> by Licensor, any self-insured retention or other financial responsibility for claims shall be <br /> covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would <br /> otherwise, in accordance with the provisions of this License, be covered by Licensee's <br /> insurance will be covered as if Licensee elected not to include a self-insured retention or other <br /> financial responsibility for claims. <br /> 15.6.4 Prior to entering the Premises,Licensee shall furnish to Licensor an acceptable certificate(s) <br /> of insurance including an original signature of the authorized representative evidencing the <br /> required coverage,endorsements,and amendments. Licensee shall notify Licensor in writing <br /> at least 30 days prior to any cancellation,non-renewal,substitution,or material alteration. In <br /> the event of a claim or lawsuit involving L icensor arising out of this License,Licensee will make <br /> available any required policy covering such claim or lawsuit. <br /> 15.6.5 Any insurance policy shall be written by a reputable insurance company acceptable to <br /> Licensor or with a current Bests Guide Rating of A-and Class VII or better,and authorized to <br /> do business in the slate(s)in which the service is to be provided. <br /> 15,6.6 If coverage is purchased on a "claims made" basis, Licensee hereby agrees to maintain <br /> coverage in force for a minimum of three years after expiration or termination of this License. <br /> Annually,Licensee agrees to provide evidence of such coverage as required hereunder. <br /> 15.6.7 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance <br /> agent(s)lbroker(s),who have been instructed by Licensee to procure the insurance coverage <br /> required by this License. Allocated Loss Expense shall be in addition to all policy limits for <br /> coverages referenced above. <br /> 15.6.8 Not more frequently than once every five years,Licensor may reasonably modify the required <br /> insurance coverage to reflect then-current risk management practices in the railroad industry <br /> and underwriting practices in the insurance industry. <br /> 15.6.9 If any portion of the operation is to be subcontracted by Licensee,Licensee shall require that <br /> the subcontractor shall provide and maintain insurance coverages as set forth herein,naming <br /> Licensor as an additional insured, and shall require that the subcontractor shall release, <br /> defend and indemnify Licensor to the same extent and under the same terms and conditions <br /> as Licensee is required to release,defend and indemnify Licensor herein. <br /> 15.6.10 Failure to provide evidence as required by this Section 15 shall entitle, but not require, <br /> Licensor to terminate this License immediately. Acceptance of a certificate that does not <br /> comply with this Section shall not operate as a waiver of Licensee's obligations hereunder. <br /> 15.6.11 The fact that Insurance(including,without limitation,self-insurance)is obtained by Licensee <br /> shall not be deemed to release or diminish the liability of Licensee,including,without limitation, <br /> liability under the indemnity provisions of this License. Damages recoverable by Licensor shall <br /> not be limited by the amount of the required insurance coverage. <br /> Form 424:Rev.201400801 <br /> -7- <br /> CITY OF EVERETT <br /> GRAND AVENUE PARK BRIDGE May 18,2017 <br /> WO#3588 Appendix G2—8 <br /> ige 25 <br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale <br />