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(f) Insurer Qualifications Licensee's insurance providers must be licensed to do business in California and must meet or exceed an A.M. Best's Key Rating A-IX or its equivalent. Any other insurance providers shall require the prior approval by the City's Risk Manager, which approval may be refused in the City's Risk Manager's sole discretion. (g) Waiver of Subrogation Licensee and Licensee's insurers each hereby waives any right of recovery against the City for any loss or damage sustained by Licensee with respect to the License Area, in whole or in part, the contents on, under, above or within the License Area or any operation therein, whether such loss is caused by the City's fault or negligence or not, and to the extent such loss or damage is covered by insurance obtained by Licensee under this License or is actually covered by insurance obtained by Licensee. Licensee agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the License Area, but the failure to obtain any such endorsement will not affect the waivers in this Section. (h) Prohibition Against Self-Insurance Alternatives Licensee shall not be permitted to meet its insurance obligations under this License through self-insurance without prior written consent from the City, which the City may withhold in its sole discretion for any or no reason. In the event that the City consents to allow Licensee to self-insure as an alternative insurance program, such consent will not be deemed: (1) an amendment or implied waiver to any other requirement in this License; (2) to extend to any assignee or successor to Licensee; or (3) to waive or lessen Licensee's obligation to comply with Section (i) to this Exhibit B. (i) Contractor's Bonds and Insurance Licensee shall ensure that any person or entity performing work or service on Licensee's behalf or for Licensee's benefit pursuant to this License within the Streets or on any City Property shall secure or provide all bonds and insurance required to be secured or provided by Licensee under this Exhibit B, and shall provide the City with evidence to show such bonds or insurance exist before the City issues any permits for such work. In the event that any applicable Law imposes any bonding or insurance requirements on Licensee's contactors or subcontractors that are more protective to the City's interests, such requirements shall control over the requirements in this Exhibit B. (j) City's Right to Terminate The City may elect, in its sole and absolute discretion, to terminate this License on written notice to Licensee if Licensee allows any required insurance coverage to lapse and does {00033905:%1} City of Pleasanton, CA 42 DRAFT Pole License Agreement