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FULL PACKET_2019-09-17
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FULL PACKET_2019-09-17
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4/28/2022 10:06:56 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
9/17/2019
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DowSign Envelope ID: BDSODC2A-E339-4E8C-A8B6-00OA7CF55027 <br />building arising out of the use and occupancy thereof by Tenant, its licensees, employees, <br />invitees, agents and customers. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, <br />and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers <br />and representatives as additional insured(s); (b) be primary and not contributory with respect to <br />insurance or self-insurance programs maintained by the City; and (c) contain standard separation <br />of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a <br />combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Such policy shall <br />include a 'Waiver of Subrogation' endorsement. Tenant shall provide Landlord with a copy of <br />such endorsement along with the certificate of insurance or copy of the policy. Prior to <br />commencing the performance of the work under this Agreement, Tenant agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. Tenant may meet the insurance limits as outlined in 17.a. and 17.b. above <br />through a combination of primary and excess/umbrella insurance policies. <br />e. The following requirements apply to the insurance to be provided by <br />Tenant pursuant to this section: <br />i. If the Tenant maintains broader coverage and/or higher limits than the <br />minimums shown above, the Landlord shall be entitled to the broader <br />coverage and/or higher limits maintained by the Tenant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the Landlord. <br />ii. Tenant shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br />iii. Certificates of insurance shall be furnished to the Landlord upon execution <br />of this Agreement. <br />iv. Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days' prior written notice to the City, except for 10 days' notice <br />for non-payment of premium. <br />V. If Tenant fails or reffises to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the Landlord with required proof <br />that insurance has been procured and is in force and paid for, the Landlord <br />20A-8 <br />
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