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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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19.3 City's Insurance. <br />Licensee acknowledges that the City maintains insurance, self-insurance, or equivalent <br />risk management coverage against casualty, property damage, and public liability risks. The City <br />agrees to maintain adequate coverage for public liability risks during the Term and is not required <br />to carry any additional insurance with respect to the License Area or otherwise. <br />19.4 Waiver of Subrogation. <br />The City and Licensee each hereby waives any right of recovery against the other party <br />for any loss or damage sustained by such other party with respect to the License Area or any <br />portion thereof or the contents of the same or any operation therein, whether or not such loss is <br />caused by the fault or negligence of such other party, to the extent such loss or damage is <br />covered by insurance obtained by the waiving party under this Master License or is actually <br />covered by insurance obtained by the waiving party. Each waiving party agrees to cause its <br />insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to <br />the License Area, but the failure to obtain any such endorsement will not affect the waivers in this <br />Section. <br />19.5 Contractors' Insurance and City Business License. <br />Licensee shall require its contractors that install, maintain, repair, replace, or otherwise <br />perform work on the License Area: (a) to have and maintain insurance of the same coverage and <br />amounts as required of Licensee, and (b) to have and maintain a valid City Business License. <br />19.6 Submittal of Proof of Insurance Coverage. <br />All certificates of insurance and original endorsements effecting coverage required in this <br />Article 19 must be electronically submitted through the City's online insurance document <br />management program, PINS Advantage. Contractor shall comply with all requirements provided <br />by City related to the PINS Advantage program. <br />20 LIMITATION OF CITY'S LIABILITY <br />20.1 General Limitation on City's Liability. <br />The City is not responsible or liable to Licensee for, and Licensee hereby waives all <br />Claims against the City and its Agents and releases the City and its Agents from, all Claims from <br />any cause (except to the extent caused by the gross negligence or willful misconduct of the City <br />and its Agents), including acts or omissions of persons using the sidewalk or street adjoining or <br />adjacent to or connected with the License Area; utility interruption; theft; burst, stopped, or <br />leaking water, gas, sewer, or steam pipes; or gas, fire, oil, or electricity in, flood, vehicle collision, <br />or other accidental "knock downs" or similar occurrences on or about the License Area or other <br />City Property. <br />20.2 Consequential and Other Damages. <br />Notwithstanding any provision to the contrary, in no event shall either party be liable to <br />the other in contract, tort, under any statute, warranty, provision of indemnity or otherwise, for <br />any special, indirect, incidental, or consequential, punitive, or exemplary damages suffered by <br />the other party or any customer or third party or any other person for lost profits or other business <br />interruption damages of that party's customers, advertisers, users, clients, licensees, or any <br />other person, firm, or entity, and the parties agree to indemnify and hold each other harmless in <br />such regard. <br />34 <br />
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