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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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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 <br />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. <br />19.1.9 Ratings. Licensee's insurance companies must be licensed or authorized <br />to do business in California and must meet or exceed an A.M. Best rating of A -VII or its <br />equivalent. <br />19.1.10 Effective Dates. All insurance must be in effect before the City will <br />authorize Licensee to install Equipment on any City Pole and remain in force until all <br />Equipment has been removed from the License Area. Licensee is responsible for <br />determining whether the above minimum insurance coverages are adequate to protect its <br />interests. The above minimum coverages are not limitations upon Licensee's liability. <br />19.1.11 Self -Insurance Alternative. Licensee may propose and the City may <br />accept an alternative insurance program, if that program provides equivalent protections <br />to the City as the insurance requirements in this Section, which the City will determine in <br />its sole discretion, in consultation with the City's Risk Manager. The City's acceptance of <br />an alternative insurance program will not affect an implied waiver or amendment of any <br />other requirement of this Master License. Any amendment of these insurance <br />requirements must be in a written amendment to this Master License, executed in the <br />same manner as this Master License. <br />19.1.12 Excess/Umbrella Insurance. The coverage amounts set forth for <br />Commercial General Liability and Commercial Auto Liability may be met by a combination <br />of primary and excess/umbrella policies as long as in combination the limits equal or <br />exceed the amounts stated. <br />19.2 Insurance of Licensee's Property. <br />City shall have no responsibility for insuring Licensee's property. Licensee shall be <br />responsible, at its expense, and in its sole discretion, for separately insuring Licensee's property. <br />33 <br />
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