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10C Action 2019 0318
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10C Action 2019 0318
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Last modified
7/23/2019 12:40:52 PM
Creation date
3/8/2019 6:21:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/18/2019
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PERM
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MO 2019-010
(Approved)
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\City Clerk\City Council\Minute Orders\2019
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EXHIBIT "F" <br />Insurance <br />1. During the Term, Redflex shall procure and maintain at Redflex's sole cost and expense <br />the following insurance coverage with respect to claims for injuries to persons or <br />damages to property which may arise from or in connection with the performance of <br />work or services pursuant to this Agreement by Redflex, and each of Redflex's <br />subcontractors, agents, representatives and employees: <br />Commercial General Liability Insurance. Commercial General Liability <br />Insurance with coverage limits of not less than One Million Dollars ($1,000,000) <br />combined single limit per occurrence for bodily injury and property damage, Two <br />Million Dollars ($2,000,000) Products- Completed Operations Aggregate and Two <br />Million Dollars ($2,000,000) General Aggregate; <br />Commercial Automobile Liability Insurance. Commercial Automobile Liability <br />Insurance with coverage of not less than One Million Dollars ($1,000,000) <br />combined single limit per accident for bodily injury or property damage, <br />including but not limited to coverage for all automobiles owned, non -owned and <br />hired by Redflex; <br />Professional Liability (Errors and Omissions) Insurance. Redflex will use its <br />commercial best efforts to procure and maintain Professional Liability (Errors and <br />Omissions) Insurance with coverage of not less than Two Million Dollars <br />2.000,000) each and every claim and in the Aggregate; and <br />Workers' Compensation and Employer's Liability Insurance. Workers' <br />Compensation Insurance with coverage of not less than that required by the Labor <br />Code of the State of (insert name), and Employer's Liability Insurance with <br />coverage of not less than One Million Dollars ($1,000,000) per occurrence. <br />2. With respect to the Commercial General Liability Insurance the following additional <br />provisions shall apply: <br />The Customer Parties shall be named as additional insureds with respect to the <br />Commercial General Liability insurance; and <br />The insurance coverage procured by Redflex and described above shall be the <br />primary insurance with respect to the Customer Parties in connection with this <br />Agreement, and any insurance or self - insurance maintained by any of the <br />Customer Parties shall be in excess, and not in contribution to, such insurance; <br />and <br />Any failure to comply with the reporting provisions of the various insurance <br />policies described above shall not affect the coverage provided to the Customer <br />Parties, and such insurance policies shall state the such insurance coverage shall <br />apply separately with respect to each additional insured against whom any claim <br />is made or suit is brought, except with respect to the limits set forth in such <br />insurance policies. <br />3. With respect to the insurance described in the foregoing Section of this Exhibit E, if any <br />of the Redflex Parties are notified by any insurer that any insurance coverage will be <br />cancelled, Redflex shall immediately provide 30 days written notice thereof to the <br />Customer and shall take all necessary actions to correct such cancellation in coverage <br />limits, and shall provide written notice to the Customer of the date and nature of such <br />correction. If Redflex, for any reason, fails to maintain the insurance coverage required <br />pursuant to this Agreement, such failure shall be deemed a material breach of this <br />Agreement, and the Customer shall have the right, but not the obligation and exercisable <br />in its sole discretion, to either (i) terminate this Agreement and seek damages from <br />Redflex for such breach, or (ii) purchase such required insurance, and without further <br />notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, <br />27
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