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Agmt 2011 Redflex Traffic Systems Inc
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Agmt 2011 Redflex Traffic Systems Inc
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Last modified
4/26/2011 3:02:54 PM
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4/26/2011 3:02:51 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/20/2011
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PERM
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Reso 2011-080
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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EXHIBIT "F" <br /> Insurance <br /> 1. During the Term, Redflex shall procure and maintain at Redflex's sole cost and expense <br /> the following insurance coverage with respect to claims for injuries to persons or <br /> damages to property which may arise from or in connection with the performance of <br /> work or services pursuant to this Agreement by Redflex, and each of Redflex's <br /> subcontractors, agents, representatives and employees: <br /> — Commercial General Liability Insurance. Commercial General Liability <br /> Insurance with coverage limits of not less than One Million Dollars ($1,000,000) <br /> combined single limit per occurrence for bodily injury and property damage, Two <br /> Million Dollars ($2,000,000) Products- Completed Operations Aggregate and Two <br /> Million Dollars ($2,000,000) General Aggregate; <br /> — Commercial Automobile Liability Insurance. Commercial Automobile Liability <br /> Insurance with coverage of not less than One Million Dollars ($1,000,000) <br /> combined single limit per accident for bodily injury or property damage, <br /> including but not limited to coverage for all automobiles owned, non -owned and <br /> hired by Redflex; <br /> — Professional Liability (Errors and Omissions) Insurance. Redflex will use its <br /> commercial best efforts to procure and maintain Professional Liability (Errors and <br /> Omissions) Insurance with coverage of not less than Two Million Dollars <br /> ($2.000,000) each and every claim and in the Aggregate; and <br /> — Workers' Compensation and Employer's Liability Insurance. Workers' <br /> Compensation Insurance with coverage of not less than that required by the Labor <br /> Code of the State of (insert name), and Employer's Liability Insurance with <br /> coverage of not less than One Million Dollars ($1,000,000) per occurrence. <br /> 2. With respect to the Commercial General Liability Insurance the following additional <br /> provisions shall apply: <br /> — The Customer Parties shall be named as additional insureds with respect to the <br /> Commercial General Liability insurance; and <br /> — The insurance coverage procured by Redflex and described above shall be the <br /> primary insurance with respect to the Customer Parties in connection with this <br /> Agreement, and any insurance or self - insurance maintained by any of the <br /> Customer Parties shall be in excess, and not in contribution to, such insurance; <br /> and <br /> — Any failure to comply with the reporting provisions of the various insurance <br /> policies described above shall not affect the coverage provided to the Customer <br /> Parties, and such insurance policies shall state the such insurance coverage shall <br /> apply separately with respect to each additional insured against whom any claim <br /> is made or suit is brought, except with respect to the limits set forth in such <br /> insurance policies. <br /> 3. With respect to the insurance described in the foregoing Section of this Exhibit E, if any <br /> of the Redflex Parties are notified by any insurer that any insurance coverage will be <br /> cancelled, Redflex shall immediately provide 30 days written notice thereof to the <br /> Customer and shall take all necessary actions to correct such cancellation in coverage <br /> limits, and shall provide written notice to the Customer of the date and nature of such <br /> correction. If Redflex, for any reason, fails to maintain the insurance coverage required <br /> pursuant to this Agreement, such failure shall be deemed a material breach of this <br /> Agreement, and the Customer shall have the right, but not the obligation and exercisable <br /> in its sole discretion, to either (i) terminate this Agreement and seek damages from <br /> Redflex for such breach, or (ii) purchase such required insurance, and without further <br /> notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, <br /> 27 <br />
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