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against public policy, for reason, or shall be held by any court of competent jurisdiction to be
<br />illegal, null or void or against public policy, the remaining portions of this Permit shall not be
<br />affected thereby and shall remain in force and effect to the fullest extent permissible by law.
<br />9. Counterparts. This Permit may be executed in any number of counterparts, each
<br />of which shall be an original, but all of which shall constitute one and the same instrument.
<br />10. Insurance /Liens.
<br />A. Prior to entry onto the Property pursuant to this Permit, Licensee shall secure, and
<br />shall require its contractors, if any, to secure an insurance policy or policies, as described below.
<br />(1) Notwithstanding any inconsistent statement in the insurance policy or any
<br />subsequent endorsement attached thereto, the protection afforded by these policies shall be
<br />written on an occurrence basis in which City, and its respective elected and appointed officials,
<br />officers, employees, agents and representatives (together, "Additional Insureds ") are named as
<br />additional insureds on all coverage, except for workers' compensation coverage, and shall (on or
<br />prior to the Effective Date, City shall provide to Licensee the complete legal names of all
<br />Additional Insureds):
<br />(a) Name Additional Insureds as additional insureds on a Commercial
<br />General Liability policy;
<br />(b) Provide a combined single limit of broad form commercial general
<br />liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence, which will
<br />be considered equivalent to the required minimum limits, and such insurance shall (i) be written
<br />on an occurrence form, (ii) be written with a primary policy form with limits of not less than
<br />$1,000,000 per occurrence; (iii) be written with one or more excess layers to bring the total of
<br />primary and excess coverage limits to not less than $2,000,000 per occurrence, (iv) not be written
<br />with a deductible greater than $25,000 per occurrence, (v) contain a waiver of subrogation in
<br />favor of City;
<br />(c) Provide automobile liability insurance for owned, non - owned, and
<br />hired vehicles, as applicable to, or for any use related to, the Work, in an amount not less than
<br />One Million Dollars ($1,000,000) combined single limit, with excess insurance coverage to bring
<br />the total amount of automobile liability insurance coverage to an amount not less than Two
<br />Million Dollars ($2,000,000) per accident for bodily injury and property damage;
<br />(2) Licensee shall notify City not less than thirty (30) days before any
<br />expiration, cancellation, or non - renewal of such policy or policies; and
<br />(3) Licensee shall furnish certificates of insurance and endorsements to City
<br />prior to entry onto the Property pursuant to this Permit.
<br />(4) Licensee shall comply with Sections 3700 and 3800 of the Labor Code by
<br />securing, paying for and maintaining in full force and effect during the Term, and continuing
<br />prior to entry onto the Property pursuant to this Permit, with the earlier to occur of expiration of
<br />3
<br />47997465.2
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