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eiN 0114k
<br /> 12.1 Types;Amounts. ENCROACHER shall procure and maintain,and shall require its
<br /> contractors and subcontractors to procure and maintain, during construction of any Network
<br /> Facility pursuant to this Agreement, insurance of the types and in the amounts described below
<br /> ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such
<br /> insurance shall apply separately to this Agreement or be no less than two times the specified
<br /> occurrence limit.
<br /> 13.1.1 General Liability. ENCROACHER and its contractors shall procure and
<br /> maintain occurrence version general liability insurance, or equivalent form,
<br /> with a combined single limit of not less than$5,000,000 per occurrence for
<br /> bodily injury,personal injury, and property damage.
<br /> 13.1.2 Business Automobile Liability. ENCROACHER and its contractors shall
<br /> procure and maintain business automobile liability insurance, or equivalent
<br /> form, with a combined single limit of not less than $1,000,000 per
<br /> occurrence. Such insurance shall include coverage for the ownership,
<br /> operation, maintenance, use, loading, or unloading of any vehicle owned,
<br /> leased, hired, or borrowed by the insured or for which the insured is
<br /> responsible.
<br /> 13.1.3 Workers'Compensation. ENCROACHER and its contractors shall procure
<br /> and maintain workers' compensation insurance with limits as required by
<br /> the Labor Code of the State of California and employers' liability insurance
<br /> with limits of not less than $1,000,000 per occurrence, at all times during
<br /> which insured retains employees.
<br /> 13.1.4 Professional Liability. For any consultant or other professional who will
<br /> engineer or design the Network Facilities, liability insurance for errors and
<br /> omissions with limits not less than $2,000,000 per occurrence, shall be
<br /> procured and maintained for a period of five(5)years following completion
<br /> of the Network Facilities. Such insurance shall be endorsed to include
<br /> contractual liability.
<br /> 12.2 Deductibles. Any deductibles or self-insured retentions must be declared to and
<br /> approved by CITY. At the option of CITY, either: (a) the insurer shall reduce or eliminate such
<br /> deductibles or self-insured retentions as respects City, its elected officials, officers, employees,
<br /> agents,and volunteers;or(b)ENCROACHER and its contractors and subcontractors shall provide
<br /> a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation
<br /> costs, claims, and administrative and defense expenses.
<br /> 12.3 Additional Insured; Separation of Insureds. The Required Insurance shall name
<br /> CITY, its elected officials, officers, employees, agents, and volunteers as additional insureds with
<br /> respect to work performed by or on behalf of ENCROACHER or its contractors, including
<br /> materials, parts, or equipment furnished in connection therewith. The Required Insurance shall
<br /> contain standard separation of insureds provisions, and shall contain no special limitations on the
<br /> scope of its protection to CITY, its elected officials, officers, employees, agents, and volunteers.
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