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5. Workers' Compensation as required by the State of California, with statutory limits, and
<br /> Employer's Liability insurance with limits of$1,000,000 per accident, policy, employee, for bodily
<br /> injury or disease.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following
<br /> provisions:
<br /> 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br /> are to be covered as additional insureds, under Motorola's CGL, AL and E&O policies, with
<br /> respect to any liability arising out of work or operations performed by or on behalf of the
<br /> Motorola including materials, parts, equipment, and personnel furnished in connection with
<br /> such work or operations.
<br /> 2. Motorola's Insurance companies agree to waive all rights of subrogation against City of
<br /> Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for
<br /> losses paid under the terms of any policy which arise from work performed by Motorola
<br /> under this Agreement.
<br /> 3. For any claims related to this contract, Motorola's insurance coverage shall be primary and
<br /> any insurance maintained by City of Santa Ana, its City Council, its officers, officials,
<br /> employees, agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br /> Motorola's insurance shall apply separately to each insured against whom a claim is made
<br /> or suit is brought, except with respect to the insurer's limits of liability.
<br /> 5. Insurance policies required herein shall provide that coverage shall not be canceled,
<br /> suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
<br /> materially changed except after thirty(30)days prior written notice has been given to City.
<br /> Ten (10)days prior written notice shall be provided to City for policy cancellation or non-
<br /> renewal due to non-payment of premium.
<br /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br /> Attention: (Name of Department Staff Responsible for Agreement), Address of Department
<br /> Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project
<br /> must be included in the Description of Operations section of each certificate.
<br /> Self-Insured Retentions
<br /> Self-insured retentions must be declared to and approved by Customer. Customer may require
<br /> Motorola to provide proof of ability to pay losses and related investigations, claim administration,
<br /> and defense expenses within the retention.
<br /> Acceptability of Insurers
<br /> Insurance is to be placed,with insurers authorized to conduct business in the state of California
<br /> with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer.
<br /> Claims Made Policies
<br /> If any of the required policies provide coverage on a claims-made basis:
<br /> 1. The retroactive date must be shown and must be before the date of the contract.
<br /> Motorola Customer Agreement 17
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