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<br />31 <br />18 LICENSEE’S INDEMNITY <br />18.1 Scope of Licensee’s Indemnity. <br />Licensee, on behalf of itself and its successors and assigns, shall Indemnify the City <br />“Indemnified Parties”, as defined in Section 1.3 (Definitions), from and against any and all <br />liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties, and <br />expenses, including direct and vicarious liability of every kind (each, a “Claim”), incurred in <br />connection with or arising in whole or in part from: (a) injury to or death of a person, including <br />employees of Licensee, or loss of or damage to property occurring on or about the License Area <br />or arising in connection with Licensee’s or its Agents’ or Invitees’ authorized or unauthorized use <br />of the License Area; (b) any default by Licensee in the observation or performance of any of the <br />terms, covenants, or conditions of this Master License to be observed or performed on <br />Licensee’s part; (c) the use or occupancy or manner of use or occupancy of the License Area by <br />Licensee, its Agents, or Invitees, or any person or entity claiming through or under any of them; <br />(d) the condition of the License Area or any occurrence on the License Area from any cause <br />attributable to the events described in clauses (a), (b), (c), or (d) of this Section; or (e) any acts, <br />omissions, or negligence of Licensee, its Agents, or Invitees, in, on, or about the License Area; <br />except to the extent that such Indemnity is void or otherwise unenforceable under applicable Law <br />in effect on or validly retroactive to the date of this Master License and further except to the <br />extent such Claim is caused by the willful misconduct or gross negligence of the Indemnified <br />Parties. <br />18.2 Indemnification Obligations. <br />Licensee’s Indemnification obligation includes reasonable fees of attorneys, consultants, <br />and experts and related costs, including the City’s costs of investigating any Claim. Licensee <br />specifically acknowledges and agrees that it has an immediate and independent obligation to <br />defend the City and the other Indemnified Parties from any Claim that actually or potentially falls <br />within the scope of Section 18.1 (Scope of Indemnity) even if allegations supporting the Claim <br />are groundless, fraudulent, or false, which obligation arises at the time such Claim is tendered to <br />Licensee by the Indemnified Parties and continues at all times until finally resolved. Licensee’s <br />obligations under this Article will survive the termination of the Master License. <br /> <br />19 INSURANCE <br />19.1 Licensee’s Insurance. <br />As a condition to issuance of any Pole License, Licensee must provide proof of <br />compliance with the insurance requirements in this Article except to the extent the City’s Risk <br />Manager agrees otherwise in writing. <br />19.1.1 Coverage Amounts. Licensee shall procure and keep in effect at all times <br />during the Term, at Licensee’s cost, insurance in the following amounts and coverages: <br />19.1.1.1 Commercial General Liability insurance <br />(including premises operations; explosion, collapse and <br />underground hazard; broad form property damage; <br />products/completed operations; contractual liability; independent <br />contractors; personal injury) with limits of at least $2 million <br />combined single limit for each occurrence. <br />19.1.1.2 Worker’s Compensation Insurance in <br />compliance with applicable state law with Employer’s Liability <br />Limits not less than $1 million per each accident/disease/policy.