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t <br /> • The Commercial General Liability insurance policy shall name the City, its council <br /> members, officers, and employees as additional insureds as respects any covered <br /> liability arising out of Metricom's performance of work under this Use Agreement. <br /> Coverage shall be in an occurrence form and in accordance with the limits and <br /> provisions specified herein. Claims-made policies are not acceptable. Such insurance <br /> shall not be canceled, nor shall the occurrence or aggregate limits set forth above be <br /> reduced, until the City has received at least thirty (30) days' advance written notice of <br /> such cancellation or change. Metricom shall be responsible for notifying the City of <br /> such change or cancellation. Prior to any five(5)year renewal term, pursuant to Section <br /> 2 of this Use Agreement, the City may request and the parties shall bargain in good <br /> faith to increase the above minimum insurance amounts, if such an increase is <br /> warranted by industry standards or specific identified risk. Such increase, if any, shall <br /> not be effective until the commencement of such renewal term. <br /> 7.1 Filing of Certificates and Endorsements. Prior to the commencement of <br /> any work pursuant to this Use Agreement, Metricom shall file with the <br /> City the required original certificate(s) of insurance with endorsements, <br /> which shall state the following: <br /> (a) the policy number; name of insurance company; name and <br /> address of the agent or authorized representative; name and <br /> address of insured; project name; policy expiration date; and <br /> • specific coverage amounts; <br /> (b)that the City shall receive thirty (30) days' prior notice of <br /> cancellation; <br /> (c) that Metricom's Commercial General Liability insurance policy <br /> is primary as respects any other valid or collectible insurance that <br /> the City may possess, including any self-insured retentions the City <br /> may have; and any other insurance the City does possess shall be <br /> considered excess insurance only and shall not be required to <br /> contribute with this insurance; and <br /> (d)that Metricom's Commercial General Liability insurance policy <br /> waives any right of recovery the insurance company may have <br /> against the City. <br /> The certificate(s) of insurance with endorsements and notices shall be mailed to <br /> the City at the address specified in§ 8 below. <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name of Municipality]::Metricom,Inc. <br /> Page 12 of 17 <br /> • <br />