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Attachment 1 212 SECTION 5. TREE TRIMMING. 213 214 Unless otherwise provided in any permit or other reasonable regulation required by the 215 City under separate ordinance, the Company may trim all trees and shrubs in the Public 216 Ways and Public Grounds of the City to the extent the Company finds necessary to avoid 217 interference with the proper construction, operation, repair and maintenance of any Electric 218 Facilities installed hereunder, provided that the Company shall hold the City harmless from 219 any liability arising therefrom. 220 221 SECTION 6. INSURANCE AND INDEMNIFICATION. 222 223 6.1. Insurance. The Company is required to maintain Commercial General Liability 224 Insurance on an occurrence basis protecting it from claims for damages for bodily injury, 225 including death, and for claims for property damage, which may arise from operations 226 under this Ordinance. Insurance minimum limits are as follows: 227 228 $2,000,000 – per occurrence 229 $4,000,000 – annual aggregate 230 231 The following coverages shall be included: Premises and Operations Bodily Injury and 232 Property Damage; Personal and Advertising Injury Blanket Contractual Liability and 233 Products and Completed Operations Liability. 234 235 The City must be endorsed as an Additional Insured. 236 237 With the City’s consent, which shall not be unreasonably withheld, the Company shall have 238 the option of providing a program of self-insurance to meet its obligation under this 239 Ordinance. In such event, the Company shall submit to the city a Certificate of Self- 240 Insurance or other documents showing proof of its financial responsibility. 241 242 6.2. Indemnity of City. The Company shall indemnify and hold the City harmless from 243 any and all liability, on account of injury to persons or damage to property occasioned by 244 the construction, maintenance, repair, inspection, the issuance of permits, or the operation 245 of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not 246 be indemnified for losses or claims occasioned through its own negligence except for losses 247 or claims arising out of or alleging the City's negligence as to the issuance of permits for, 248 or inspection of, the Company's plans or work. The City shall not be indemnified if the injury 249 or damage results from the performance in a proper manner, of acts reasonably deemed 250 hazardous by Company, and such performance is nevertheless ordered or directed by City 251 after notice of Company's determination. 252 253 6.3. Defense of City. In the event a suit is brought against the City under circumstances 254 where this agreement to indemnify applies, the Company at its sole cost and expense shall 6 Qbhf!216!pg!384