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8O Consent 2018 1119
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8O Consent 2018 1119
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11/14/2018 9:45:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/19/2018
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City of San Leandro – Prop SF Non-Exclusive License Agreement Page 6 of 14 <br /> <br />C. This Section and each subsection hereof shall survive termination of this License. <br /> <br />7. Insurance <br /> <br /> A. Throughout the term of this License, Prop and all contractors working on behalf of Prop <br />with respect to this License shall maintain a commercial general liability policy in the amount <br />of Five Million Dollars ($5,000,000) combined single limit, or such other policy limit as City <br />may require in its reasonable discretion, including coverage for bodily injury, property damage, <br />products, completed operations and contractual liability coverage. Such policy or policies shall <br />be written on an occurrence basis and shall name City and its respective elected and appointed <br />officers, officials, employees, agents and representatives as additional insureds. There shall be <br />no exclusion in the general liability policy for boarding and debarking of the vessel while at <br />the dock. <br /> <br /> B. Throughout the term of this License, Prop shall maintain Jones Act coverage in the <br />amount required under applicable federal law, covering Prop’s employees, if any, at work upon <br />the Shoreline Property or engaged in services or operations in connection with this License or <br />on the Shoreline Property. Prop shall require that any contract entered into by Prop with respect <br />to this License or activities pursuant to this License include a contractual undertaking by the <br />contractor to provide worker’s compensation insurance for its employees in compliance with <br />applicable state law. <br /> <br /> C. Throughout the term of this License, Prop shall maintain pollution liability insurance <br />coverage, for losses arising from or in any way related to pollution conditions, both sudden and <br />non-sudden (gradual), which arise from or in connection with Prop’s transportation services <br />used in connection with the License. The pollution liability insurance shall include minimum <br />liability limits of $2,000,000 per loss and $4,000,000 in the aggregate. <br /> <br />D. Companies writing the insurance required hereunder shall be licensed “on an Admitted <br />or Non-Admitted bases” to do business in the State of California. Insurance shall be placed <br />with insurers with a current A.M. Best's rating of no less than A: VII. Prior to the Effective <br />Date, Prop shall furnish City with certificates of insurance in form acceptable to City <br />evidencing the required insurance coverage and duly executed endorsements evidencing such <br />additional insured status. The certificates shall contain a statement of obligation on the part of <br />the carrier to notify City of any material change, cancellation, termination or non-renewal of <br />the coverage at least thirty (30) days in advance of the effective date of any such material <br />change, cancellation, termination or non-renewal, except in the event of non-payment of <br />premium a ten (10) day notice will be provided. Coverage provided by Prop shall be primary <br />insurance and shall not be contributing with any insurance, or self-insurance maintained by <br />City, and the policies shall so provide. The insurance policies shall contain a waiver of <br />subrogation for the benefit of the City. Prop shall provide City with certified copies of the <br />required insurance policies upon City’s request. <br /> <br />8. Notices <br /> <br /> All notices pursuant to this License shall be addressed as set forth or as either party may <br />subsequently designate by written notice and shall be sent through the United States mail or by <br />personal delivery: <br />
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