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Agmt 2016 Conterra
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Agmt 2016 Conterra
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Last modified
4/22/2024 8:27:04 AM
Creation date
7/6/2016 2:31:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/6/2016
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PERM
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8I Consent 2016 0606
(Amended)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0606
Reso 2016-064
(Amended)
Path:
\City Clerk\City Council\Resolutions\2016
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a. Costs. The Parties shall be solely responsible for their own costs to prepare and <br />review this Agreement, including but not limited to attorneys' and any consultants' or <br />experts' fees, costs or expenses. <br />b. Environmental Matters. Each Party shall be responsible for its own environmental <br />analysis of the approval of the Agreement, including any fees, costs or expenses related <br />to any remediation. <br />c. Indemnification <br />i. General Indemnity. Conterra agrees to indemnify and hold City harmless <br />against all risks, claims, expenses, liabilities and costs associated with strict liability, <br />negligence or willful misconduct of Conterra, including but not limited to work related to <br />the installation, splicing, operations, and data sent or exchanged on the Licensed Fiber. <br />This indemnity includes any claims, actions, or costs related to defense of any copyright, <br />trademark, or software infringement that may occur due to or over the Licensed Fiber. <br />ii. Environmental Indemnity. Conterra agrees to indemnify and hold City <br />harmless for all environmental contamination or damage that may be caused by <br />Conterra's construction to connect to the Licensed Fiber. <br />d. Insurance. Prior to commencing any activities under this Agreement, Conterra shall <br />procure, or cause to be procured, and keep in full force and effect during the life of <br />this Agreement, at Conterra's sole cost and expense, all of the following types of <br />insurance: <br />Type of Insurance Polic <br />Limi s <br />Commercial general liability policy, combined <br />single limit <br />$2,000,000 <br />Comprehensive automobile liability coverage <br />$2,000,000 <br />Worker's compensation <br />Statutory <br />For purposes of this Agreement, the foregoing insurance shall be referred to herein as <br />"Required Insurance." <br />(i) Qualifications of Insurers and Deductibles. All of the Required <br />Insurance shall be issued by an admitted insurer or insurers as defined by the <br />California Insurance Code with a Bests' rating of no less than AXII. The deductibles <br />under each of the policies issued for the Required Insurance shall be reasonable in <br />amount and in no event shall exceed the sum of Ten Thousand Dollars ($10,000.00) <br />under each such policy. <br />(ii) Additional Insured; Form of Endorsement. All policies for Required <br />Insurance will be required to name City and its respective elected officials, officers, <br />employees, agents and representatives as additional insureds by way of an <br />
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