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2017-6-6_PR Comm Packet
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2017-6-6_PR Comm Packet
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Revised 1/7/2015 <br />unl <br />227ess otherwise agreed toby the City in writing. In addition to the requirements stated <br />228above, the following applies to the insurance policies required under this Provision: <br />229 <br />230a.All policies, shall be written on an “occurrence” form (“claims made” and <br />231“modified occurrence” forms are not acceptable); <br />232 <br />233b.All policies,Worker’s Compensation Policies, shall contain a waiver of <br />234subrogation naming “the City of Roseville”; <br />235 <br />236c.All policies, Worker’s Compensation Policies, shall name “the City of Roseville” <br />237as an additional insured; <br />238 <br />239d.All policies, Worker’s Compensation Policies, shall insure the defense and <br />240indemnify obligations assumed by Contractor under this Agreement; and <br />241 <br />242e.All policies shall contain a provision that coverages afforded thereunder shall not <br />243be canceled or non-renewed or restrictive modifications added, withoutthirty (30) <br />244days prior written notice to the City. <br />245 <br />246A copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as <br />247applicable, which evidences the compliance with this Paragraph 18, must be filed with <br />248City prior to the start ofContractor’s Work. Such documents evidencing insurance <br />249shall be in a form acceptable to City and shall provide satisfactory evidencethat <br />250Contractor has complied with all insurance requirements. Renewal certificates shall be <br />251provided to City prior to theexpiration date of any of the required policies. City will <br />252not be obligated, however, to review such declaration page, Rider, Endorsement or <br />253certificates or other evidence of insurance, or to advise Contractor of any deficiencies <br />254in such documents and receipt thereof shall not relieve Contractor from, nor be deemed <br />255a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. <br />256City reserves the right to examine any policy provided for under this Provision 18. <br />257 <br />258E.If Contractor fails to provide the insurancecoverage specified herein, the Contractor <br />259will defend, indemnify and hold harmless the City, the City’s officials, agents and <br />260employees from any loss, claim, liability and expense (including reasonable attorney’s <br />261fees and expenses of litigation) to the extent necessary to afford the same protection as <br />262would have been provided by the specified insurance. Except to the extent prohibited <br />263by law, this indemnity applies regardless of any strict liability or negligence attributable <br />264to the City (including sole negligence) and regardless of the extent to which the <br />265underlying occurrence (i.e., the event giving rise to a claim which would have been <br />266covered by the specified insurance) is attributable to the negligent or otherwise <br />267wrongful act or omission (including breach of contract) of Contractor, itscontractors, <br />268subcontractors, agents, employees or delegates. Contractor agrees that this indemnity <br />269shall be construed and applied in favor of indemnification. Contractoralso agrees that <br />270if applicable law limits or precludes any aspect of this indemnity, then the indemnity <br />271will be considered limited only to the extent necessary to comply with that applicable <br />272law. The stated indemnity continues until all applicable statutes of limitation have run. <br /> <br />
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