IRONWOOD HOMEOWNERS ASSOCIATION - Laserfiche WebLink

harmless City and its officers, agents, volunteers and employees (collectively the "Indemnitees from any and all actions, claims and liability for any loss or damage, including, but not limited to, bodily injury, sickness, disease or death of any person or damage to any property, tangible or intangible, arising out of or in connection with this Agreement. 4. Liability Insurance. The HOA or its contractor, shall at all times during the term of this License Agreement maintain the following insurance policies to cover the activities under this Agreement, with insurers having an A.M. Bests' rating of no less than A: VII: a. Commercial General Liability Insurance by the terms of which the Indemnitees are named, by endorsement, as additional insureds and are indemnified against liability for damage or injury in an amount not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage liability per occurrence for the operations under this Agreement. This liability insurance shall include automobile liability, personal injury and contractual liability. b. Worker's Compensation Insurance as required by the State of California and Employer's Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00) per accident. The insurer shall waive all rights of subrogation against Indemnitees for losses arising from work performed under this Agreement. c. Each policy or certificate of insurance acquired pursuant to this Section must state, by endorsement that: (i) not less than thirty (30) days' written notice will be given City prior to cancellation or material change in coverage; and (ii) such policy or policies and the coverage evidenced thereby are primary and City's insurance is noncontributing with respect to such primary coverage. 5. Failure to Perform Obligations. If, in the reasonable judgment of the City Engineer, the HOA has failed to undertake the obligations required by this Agreement, the City may perform such maintenance, at its option and has no duty to do so, after thirty (30) days' prior written notice to the HOA of such failure to maintain, which notice shall be sent by certified mail, return receipt requested, to: HOA: Ponderosa Homes 6671 Owens Drive Pleasanton, CA 94588 Facsimile 925- 734 -9141 Attn:Becky Shifman or to such other address as the HOA may notify the City in writing. Required notices shall be deemed effective two (2) days after mailing. The City's performance of such Page 3 of 5