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<br />620\3201326.2 Exhibit B - 3 <br />of any copyright, trademark, or software infringement that may occur due to or over the <br />Licensed Fiber. <br /> <br />(ii) Environmental Indemnity. Common agrees to indemnify and <br />hold City harmless for all environmental contamination or damage that may be caused by <br />Common’s usage of the Licensed Fiber. <br /> <br />d. Insurance. Prior to commencing any activities under this Agreement, <br />Common shall procure, or cause to be procured, and keep in full force and effect <br />during the life of this Agreement, at Common’s sole cost and expense, all of the <br />following types of insurance: <br /> <br />Type of Insurance Policy Limits <br />Commercial general liability policy, combined <br />single limit <br />$2,000,000 <br />Comprehensive automobile liability coverage $2,000,000 <br />Worker’s compensation Statutory <br /> <br />For purposes of this Agreement, the foregoing insurance shall be referred to herein as <br />“Required Insurance.” <br /> <br />(i) Qualifications of Insurers and Deductibles. All of the Required <br />Insurance shall be issued by an admitted insurer or insurers as defined by the California <br />Insurance Code with a Bests’ rating of no less than A-:VII. The deductibles under each <br />of the policies issued for the Required Insurance shall be reasonable in amount and in <br />no event shall exceed the sum of Ten Thousand Dollars ($10,000.00) under each such <br />policy. <br /> <br />(ii) Additional Insured; Form of Endorsement. All policies for <br />Required Insurance will be required to name City and its respective elected officials, <br />officers, employees, agents and representatives as additional insureds by way of an <br />endorsement. Prior to the effective date of this Agreement, Common shall furnish City <br />with certificates of insurance in a form acceptable to City evidencing the Required <br />Insurance coverage and duly executed endorsements evidencing such additional insured <br />status. <br /> <br />(iii) Cancellation Provisions. All of the Required Insurance shall <br />provide (by way of endorsement or otherwise) that no cancellation, expiration, <br />reduction or modification in such Required Insurance can occur or be implemented <br />without first notifying City with at least thirty (30) days prior written notice. <br /> <br />(iv) Primary Insurance Endorsement. All Required Insurance shall <br />contain an endorsement providing that such insurance is primary and that any insurance <br />maintained by City is noncontributory with the Required Insurance. All Required <br />Insurance shall also contain language to the effect that any loss shall be payable <br />318