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A. During the term of the license, the licensee must file with the City and continuously maintain for the benefit of the City, the public and the licensee a commercial general liability insurance policy, written on an occurrence basis, that covers losses related to the licensee’s cable system and appurtenances. The insurance must cover claims that result from any act, omission or negligence of the licensee or its officers, agents, representatives, and employees during all times that the licensee will be operating the cable system. The minimum types of coverage and limits of liability coverage are:

Commercial General Liability—Occurrence Form

Policy must include bodily injury, property damage and broad form contractual liability coverage.

• General Aggregate

$2,000,000

• Products – Completed Operations Aggregate

$1,000,000

• Personal and Advertising Injury

$1,000,000

• Each Occurrence

$1,000,000

B. The City has no responsibility for insurance coverage. The insurance requirements above are minimum requirements and in no way limit the indemnity covenants in the license. The City in no way warrants that the minimum limits above are sufficient to protect the licensee from liabilities that might arise out of any activities under the license. The licensee is free to purchase additional insurance as it may determine necessary. The licensee must furnish the City with a certificate of insurance. The certificate must be issued by an insurance company authorized to transact business in the State of Arizona, or on the list of authorized insurers maintained by the Arizona Department of Insurance. The licensee must provide an updated certificate of insurance to the City prior to each expiration date.

C. The licensee must also provide catastrophe umbrella insurance coverage in the minimum amount of $3,000,000.00 in excess of $2,000,000.00 underlying coverage.

D. The City, its officers, agents and employees must be named as an additional insured on the licensee’s policy except worker’s compensation and employer’s liability and this must be indicated on the certificate of insurance issued to the City. The licensee’s coverage will be primary for any losses arising out of activities related to the license.

E. The licensee’s policy must specifically provide full coverage for explosion, collapse and underground incidents.

F. For each required insurance policy, the licensee must provide to the City, within two business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason.

G. All deductible amounts under liability insurance coverage must be approved by the City.

H. The City may, during the term of a license and no more frequently than every three years, modify the liability insurance limits based on price inflation. The licensees will have six months from the date of notice from the City to comply with any increase.

I. A licensee may self-insure if the licensee or its parent has sufficient financial resources to reasonably self-insure. A licensee that elects to self-insure must demonstrate to the City that it has a financially sound self-insurance program. (Ord. No. G-6034, 2015)