Agmt 2007 EBRPD - Laserfiche WebLink

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claim shall be subject to City's approval, which such approval shall not be unreasonably withheld or delayed. Any ultimate liability, including attorney's incurred fees or settlement costs for the claim, shall be apportioned, with City to bear all liability attributable to the fault of City or its officers, employees, agents, or contractors, and (as between District and City), District to bear all other liability. If City and District are unable to agree on such apportionment, then such apportionment shall to the extent feasible be determined by the court or other decision-maker determining the underlying claim. 3) Section 5 of the License is hereby amended to read as follows: 5. Insurance Requirements: District shall take out and maintain during the life of this License all the insurance required by this section and shall submit certificate for review and approval by City. No construction on or use of the Trail shall commence until such insurance has been approved by City. Acceptance of the certificates shall not relieve District of any of the insurance requirements, nor decrease the liability of District. City reserves the right to require District to provide insurance policies for review by City. (a) Worker's Compensation Insurance. District shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees on the Trail. District shall require any subcontractor to provide it with evidence of Worker's Compensation and Employer's Liability Insurance, all in strict compliance with California State laws. (b) Public Liability Insurance. District shall take out and maintain Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this License. District shall require any subcontractor to provide evidence of the same liability insurance coverages. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage: $1,000,000 per occurrence. (c) Endorsements. The following endorsements must be indicated on the certificate: (1) City of San Leandro, their boards, officers and employees are additional insureds under the policy as to the work and operations being performed under this License; (2) The coverage is primary and no other insurance carrier by City will be called upon to contribute to a loss under this coverage; (3) (4) (5) (6) (7) The policy covers blanket contractual liability; The policy limits of liability are provided on an occurrence basis; The policy covers broad form property damage liability; The policy covers personal injury as well as bodily injury liability; The policy covers explosion, collapse and underground hazards; 930896-4 2