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Reso 2019-175
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Reso 2019-175
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12/6/2019 12:34:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
10/21/2019
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PERM
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any time. <br />4.3.3 Deductibles and Self -Insured Retentions. PCC shall disclose to <br />and obtain the written approval of City, if City so requires, for the <br />self-insured retentions and deductibles before execution of this <br />Agreement. At the option of the City, either: the insurer shall <br />reduce or eliminate such deductibles or self-insured retentions as <br />respects the City, its officers, officials, employees, and volunteers; <br />or PCC shall provide a financial guarantee satisfactory to the City <br />guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses. <br />4.3.4 Wasting Policies. No policy required by this Section 4 shall include <br />a "wasting" policy limit (i.e. limit that is eroded by the cost of <br />defense). <br />4.3.5 Endorsement Requirements. Each insurance policy required <br />herein shall be endorsed to state that coverage shall not be canceled by <br />either party, except after 30 days' prior written notice has been provided to <br />the City. <br />4.3.6 Contractors. PCC shall include all contractors, subcontractors, and <br />agents as insureds under its policies or shall furnish separate <br />certificates and certified endorsements for each subcontractor. All <br />coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />4.4 Remedies. In addition to any other remedies City may have if PCC fails to <br />provide or maintain any insurance policies or policy endorsements to the <br />extent and within the time herein required, City may, at its sole option, <br />order PCC to stop work under this Agreement, or find PCC in breach until <br />PCC demonstrates compliance with the requirements hereof and/or <br />terminate this Agreement. <br />5. Indemnification. PCC agrees to indemnify, protect, defend, and hold <br />harmless the City and its employees, officers, elected and appointed officials, and <br />agents (collectively, the "Indemnitees"), from and against any and all claims, demands, <br />liabilities, losses, damages, suits, expenses, costs, penalties or judgments, including <br />without limitation attorneys' fees and interest that may be claimed, brought or had <br />against any Indemnitee, or to which any Indemnitee may be subjected and arising out <br />of, connected with or in any way resulting from the acts or omissions of PCC or PCC's <br />invitees' use of, or entry upon, the marked crosswalk between the parking lot at 415 <br />Hester Street and PCC's corporate building at 414 Hester Street. <br />5 <br />
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