Laserfiche WebLink
<br />620\3201326.2 Exhibit B - 4 <br />notwithstanding any act or negligence of City that might otherwise result in the <br />forfeiture of the Required Insurance. <br /> <br />(v) Waiver of Subrogation. All Required Insurance shall also contain <br />an endorsement providing for a waiver of subrogation against City by Common. <br /> <br />(vi) Worker’s Compensation. This policy or policies shall cover the <br />entire liability of Common to employees as determined by California law. The policy <br />shall contain a waiver of subrogation against City. <br /> <br />(vii) Comprehensive General Liability. General Liability Insurance <br />must be Two Million Dollars ($2,000,000.00) combined single limit per event and <br />annual aggregate for bodily injury and property damage liability arising out of all <br />activities performed under this Agreement. <br /> <br />e. Assignment. Company shall have no right to sublicense, assign or transfer <br />this Agreement, or rights arising under this Agreement, except, Company shall have the <br />right to assign this Agreement and all Site Agreements (a) to an entity who controls, is <br />under common control of, or is controlled by Company, or (b) any person or entity that <br />directly or indirectly acquires, through merger, sale of stock, purchase or otherwise, all or <br />substantially all of the assets of Company. <br />f. Term. The term of this Agreement shall commence on the full execution <br />and delivery of this Agreement and the approval of the City Attorney (“Commencement <br />Date”), and shall continue until either party elects, upon 90 days’ written notice, to <br />terminate this Agreement. Upon termination, Common shall pay the pro-rated amount <br />of any License fees due and owing to the City up to the date of termination. <br /> <br />g. Amendment. This Agreement may not be amended except in a writing <br />executed by both Parties. <br /> <br />h. Service Level Agreement. As the Licensed Fiber is contained within the <br />Lit San Leandro Fiber Network, it shall be governed under the terms of Amendment 1 <br />to the San Leandro Dark Fiber License Agreement with the City of San Leandro, <br />Exhibits 4 and 5, incorporated herein as Exhibit B. <br /> <br />i. Miscellaneous. No provisions in this Agreement shall be interpreted <br />against the drafter. This Agreement may be executed in counterparts. Any disputes shall <br />first be subject to a meet and confer between the Parties’ authorized repres entatives, <br />then mediation, and then binding arbitration subject to the rules and regulations of the <br />American Arbitration Association. Any notice required to be sent under this Agreement <br />shall be sent to the corporate office of Common, and to San Leandro City Hall, 835 East <br />14th Street, San Leandro, California, 94577. <br /> <br />SIGNATURES ON THE NEXT PAGE <br /> <br />319