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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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33 <br />19.1.2 Required Endorsements. Commercial General Liability and Commercial <br />Automobile Liability Insurance policies shall provide, or be endorsed to provide, the <br />following: <br />19.1.2.1 That the “City of San Leandro, and its officers, officials, and <br />employees” are included as additional insureds; and <br />19.1.2.2 That such policies are primary insurance to any other <br />insurance available to the additional insureds, with respect to any Claims arising <br />out of this Master License, and that insurance applies separately to each insured <br />against whom Claim is made or suit is brought. Such policies shall also provide for <br />severability of interests and that an act or omission of one of the named insureds <br />that would void or otherwise reduce coverage shall not reduce or void the <br />coverage as to any insured, and shall afford coverage for all Claims based on <br />acts, omissions, injury, or damage that occurred or arose (or the onset of which <br />occurred or arose) in whole or in part during the policy period. <br />19.1.3 Notice of Cancellation. All insurance policies required to be maintained by <br />Licensee under this Master License shall be endorsed to provide written notice of <br />cancellation for any reason, including intent not to renew or to reduce coverage to both <br />Licensee and the City. Licensee must provide a copy of any notice of intent to cancel or <br />cancellation of its required coverage to the City within one business day of Licensee’s <br />receipt and take prompt action to prevent cancellation, reinstate the cancelled coverage, <br />or obtain it from a different insurer meeting the qualifications of Subsection 19.1.9 <br />(Ratings). <br />19.1.4 Claims-Made Policies. Should any of the required insurance be provided <br />under a claims-made form, Licensee shall maintain such coverage continuously <br />throughout the Term and, without lapse, for a period of three years after the expiration or <br />termination of this Master License, to the effect that, should occurrences during the Term <br />give rise to Claims made after expiration or termination of this Master License, such <br />Claims shall be covered by such claims-made policies. <br />19.1.5 General Aggregate Limit. Should any of the required insurance be <br />provided under a form of coverage that includes a general annual aggregate limit or <br />provides that Claims investigation or legal defense costs will be included in such general <br />annual aggregate limit, such general aggregate limit shall be double the occurrence or <br />Claims limits specified above. <br />19.1.6 Certificates. Licensee shall deliver to the City certificates of insurance and <br />additional insured policy endorsements from insurers in a form satisfactory to the City, <br />evidencing the coverages required under this Master License, on or before the Effective <br />Date, together with complete copies of the policies promptly upon the City’s request, and <br />Licensee shall provide the City with certificates or policies thereafter promptly upon the <br />City’s request. <br />19.1.7 Insurance Does Not Limit Indemnity. Licensee’s compliance with the <br />provisions of this Section in no way relieve or decrease Licensee’s liability under Article 18 (Licensee’s Indemnity) or any other provision of this Master License. <br />19.1.8 Right to Terminate. The City may elect, in the City’s sole and absolute <br />discretion, to terminate this Master License if Licensee allows any required insurance <br />coverage to lapse by: (i) providing Licensee notice of the event of default; and <br />(ii) including in the notice of default a notice of termination if Licensee fails to reinstate the <br />lapsed coverage within three business days after the City delivers notice.
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