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MOU SLIA 12-19-2022.pdf
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MOU SLIA 12-19-2022.pdf
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<br />Agreement between City of San Leandro and SLIA Page 4 of 6 <br />for Management of the 2023 Cherry Festival <br /> <br />associated with the work contemplated by this agreement. If a Commercial General <br />Liability Insurance or an Automobile Liability Insurance form or other form with a <br />general aggregate limit is used, either the general aggregate limit shall apply <br />separately to the work to be performed under this Agreement or the general <br />aggregate limit shall be at least twice the required occurrence limit. Such coverage <br />shall include but shall not be limited to, protection against claims arising from <br />bodily and personal injury, including death resulting there from, and damage to <br />property resulting from activities contemplated under this Agreement, including the <br />use of owned and non-owned automobiles. <br /> <br />Coverage shall be at least as broad as Insurance Services Office Commercial <br />General Liability occurrence form CG 0001 (most recent edition) and Insurance <br />Services Office Automobile Liability form CA 0001 (more recent edition) Code 1 <br />(any auto). <br /> <br />(c) Notice of Reduction in Coverage. In the event that any coverage required <br />under subsections (a) or (b) of this section of the Agreement is reduced, limited, or <br />materially affected in any other manner, SLIA shall provide written notice to City <br />at the earliest possible opportunity and in no case later than five days after SLIA is <br />notified of the change in coverage. <br /> <br />(d) All Policies Requirements. All insurance required by this section is to be <br />placed with insurers with a Bests' rating of no less than A:VII. If applicable and <br />deemed necessary by City, SLIA shall disclose to and obtain the written approval <br />of City for the self-insured retentions and deductibles before beginning any of the <br />services or work called for by any term of this Agreement. At the option of the <br />City, the insurer shall reduce or eliminate such deductibles or self-insured <br />retentions as respects the City. All insurance required above with the exception of <br />Workers’ Compensation, shall be endorsed to name as additional insured: City of <br />San Leandro, its officials, officers, agents, employees, and volunteers. <br /> <br />8. INDEMNIFICATION AND HOLD HARMLESS SLIA shall indemnify, defend with <br />counsel acceptable to City, and hold harmless City and its officers, officials, employees, <br />agents and volunteers from and against any and all liabilities, losses, damages, claims, <br />expenses, and costs (including without limitation, attorneys’ fees and costs and fees of <br />litigation) (collectively, “Liability”) of every nature arising out of or in connection with <br />the performance or other obligations under this Agreement, including but not limited to <br />Liability caused by the actions of volunteers, except such Liability caused by the sole <br />negligence or willful misconduct of City. This Section shall survive the termination of <br />this Agreement. <br /> <br />9. MISCELLANEOUS PROVISIONS <br /> <br />A. Captions. Any captions to, or headings of, the sections or subsections of <br />this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, <br />DocuSign Envelope ID: 788D32D7-D3CC-40A9-9E7B-C673F6ECDF47
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