Agmt 2019 MLA for Small Cell Pole Attachment

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expense of, the Indemnifying Party. The Indemnitee may participate in the defense of a Claim at any time, provided that, during all periods in which such defense has been assumed and is being carried out by the Indemnifying Party with qualified counsel, the incremental costs of the Indemnitee's participation shall be at its own expense. The Indemnifying Party may not agree to any settlement of Claims affecting the Indemnitee's operations or finances without the Indemnitee's prior written approval, provided that if such approval is unreasonably withheld or delayed, then the Indemnifying Party's obligations under this Section 5 shall be limited to the Losses that would have been incurred if such settlement had been approved. 6. Insurance (i) Without limiting any obligations or liabilities of Licensee under this Agreement, prior to interconnecting with the Licensed Fiber, Licensee shall maintain for the duration of such interconnection, at its own expense, Commercial General Liability Insurance including Contractual Liability Coverage, covering liability assumed under this Agreement, Products/Completed Operations Coverage, Broad Form Property Liability Coverage, and Personal Injury Coverage in the amount of $2,000,000 combined single limit for Bodily Injury and Property Damage and a $4,000,000 occurrence aggregate. (ii) Licensee's insurance policies required by this Agreement shall name ExteNet as an additional insured. (iii) Licensee shall provide ExteNet with Certificates of Insurance evidencing coverage currently in effect prior to commencing to place equipment, electronics or lasers to light the Licensed Fiber. All policies are to provide ExteNet with thirty (30) days prior written notice of cancellation or any material adverse change in conditions. (iv) Without limiting any obligations or liabilities of ExteNet under this Agreement, prior to Licensee interconnecting with the Licensed Fiber, ExteNet shall maintain for the duration of such interconnection, at its own expense, Commercial General Liability Insurance including Contractual Liability Coverage, covering liability assumed under this Agreement, Products/Completed Operations Coverage, Broad Form Property Liability Coverage, and Personal Injury Coverage in the amount of $2,000,000 combined single limit for Bodily Injury and Property Damage and a $4,000,000 occurrence aggregate. (v) ExteNet's insurance policies required by this Agreement shall name the City of San Leandro, its City Council, and all City officers, agents, employees, volunteers and representatives. as an additional insured. (vi) ExteNet shall provide Licensee with Certificates of Insurance evidencing coverage currently in effect prior to commencing to Licensee placing equipment, electronics or lasers to light the Licensed Fiber. All policies are to provide Licensee with thirty (30) days prior written notice of cancellation or any material adverse change in conditions. Exhibit C — Dark Fiber License Agreement Page 9