New Cingular Wireless PCS LLC 7/31/2018

insurance maintained by the City shall be excess of the Company's insurance and shall not contribute with it. (3) Company's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought,except with respect to the limits of the insurer's liability. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A minus: VII, unless otherwise acceptable to the City. Waivers of Subrogation Company agrees to waive rights of subrogation which any insurer of Company may acquire from Company by virtue of the payment of any loss. Company agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall include a waiver of subrogation in favor of the City for all work performed by the Company, its employees, agents and subcontractors. Verification of Coverage The Company shall furnish the City with certificates of insurance (ACORD Form or its substantial equivalent) and additional insured status (blanket additional insured endorsement acceptable, ISO Form or its equivalent)effecting coverage required by this Agreement. The certificates shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences. The Company hereby warrants that its insurance policies satisfy the requirements of this Agreement. Contractors and Subcontractors Company shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Company shall ensure that City is an additional insured on insurance required from contractors and subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer,coverage, or other circumstances. New Cingular Wireless PCS,LLC 44