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8G Consent Calendar 2018 1203
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8G Consent Calendar 2018 1203
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11/27/2018 8:01:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/3/2018
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Schedule 1 <br />Page 19 <br />agree to any settlement of Claims affecting the Indemnitee’s operations or finances without <br />the Indemnitee’s prior written approval, provided that if such approval is unreasonably <br />withheld or delayed, then the Indemnifying Party’s obligations under this Section 5 shall be <br />limited to the Losses that would have been incurred if such settlement had been approved. <br />6. Insurance <br />(i) Without limiting any obligations or liabilities of Licensee under this Agreement, prior to <br />interconnecting with the Licensed Fiber, Licensee shall maintain for the duration of such <br />interconnection, at its own expense, Commercial General Liability Insurance including <br />Contractual Liability Coverage, covering liability assumed under this Agreement, <br />Products/Completed Operations Coverage, Broad Form Property Liability Coverage, and <br />Personal Injury Coverage in the amount of $1,000,000 combined single limit for Bodily <br />Injury and Property Damage and a $1,000,000 occurrence aggregate. <br />(ii) Licensee’s insurance policies required by this Agreement shall name ExteNet as an <br />additional insured. <br />(iii) Licensee shall provide ExteNet with Certificates of Insurance evidencing coverage <br />currently in effect prior to commencing to place equipment, electronics or lasers to light the <br />Licensed Fiber. All policies are to provide ExteNet with thirty (30) days prior written notice <br />of cancellation or any material adverse change in conditions. <br />(iv) Without limiting any obligations or liabilities of ExteNet under this Agreement, prior to <br />Licensee interconnecting with the Licensed Fiber, ExteNet shall maintain for the duration of <br />such interconnection, at its own expense, Commercial General Liability Insurance including <br />Contractual Liability Coverage, covering liability assumed under this Agreement, <br />Products/Completed Operations Coverage, Broad Form Property Liability Coverage, and <br />Personal Injury Coverage in the amount of $1,000,000 combined single limit for Bodily <br />Injury and Property Damage and a $1,000,000 occurrence aggregate. <br />(v) ExteNet’s insurance policies required by this Agreement shall name the City of San <br />Leandro, its City Council, and all City officers, agents, employees, volunteers and <br />representatives. <br />as an additional insured. <br />(vi) ExteNet shall provide Licensee with Certificates of Insurance evidencing coverage <br />currently in effect prior to commencing to Licensee placing equipment, electronics or lasers <br />to light the Licensed Fiber. All policies are to provide Licensee with thirty (30) days prior <br />written notice of cancellation or any material adverse change in conditions. <br />7. Assignment <br />(i) Licensee may not assign, sub-license, or transfer in any manner, in whole or in part, its <br />rights, duties or obligations under this Agreement without the prior written consent of <br />ExteNet.
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