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12.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be <br /> primary with respect to any insurance or self-insurance programs covering CITY, its elected <br /> officials,officers, employees,agents,and volunteers. All policies for the Required Insurance shall <br /> provide that the insurance company waives all right of recovery by way of subrogation against <br /> CITY in connection with any damage or harm covered by such policy. <br /> 12.5 Certificates; Verification. ENCROACHER and its contractors and subcontractors <br /> shall furnish CITY with original certificates of insurance and endorsements effecting coverage for <br /> the Required Insurance. The certificates and endorsements for each insurance policy shall be <br /> signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and <br /> endorsements must be received and approved by CITY before work pursuant to this Agreement <br /> can begin. CITY reserves the right to require complete, certified copies of all required insurance <br /> policies, at any time. <br /> 12.6 Term; Cancellation Notice. ENCROACHER shall maintain the Required <br /> Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement <br /> which will expire prior to that date. ENCROACHER shall ensure any contractors who perform <br /> work for ENCROACHER in the Public Rights-of-Way also maintain the Required Insurance. <br /> ENCROACHER shall provide CITY thirty (30) days prior written notice of the suspension, <br /> expiration, cancellation or reduction below the minimums set forth in this Section 12 for all <br /> applicable policies. ENCROACHER shall promptly take action to prevent cancellation or <br /> suspension, reinstate cancelled coverage or obtain coverage from a different insurer qualified <br /> under Section 12.7. <br /> 12.7 Insurer Rating. Unless approved in writing by CITY, all Required Insurance shall <br /> be placed with insurers licensed to do business in the State of California and with a current A.M. <br /> Best rating of at least A-:VIII. <br /> SECTION 13 <br /> ASSIGNMENT <br /> 13.1 ENCROACHER shall not assign, sublet or transfer any interest in this Agreement <br /> nor the performance of any ENCROACHER's obligations hereunder, without the prior written <br /> consent of CITY,which shall not be unreasonably withheld, and any attempt by ENCROACHER <br /> to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and <br /> of no effect. The transfer of the rights and obligations of ENCROACHER to a parent, successor <br /> or subsidiary or other affiliate that is a wholly-owned subsidiary of ENCROACHER's parent entity <br /> shall not be deemed an assignment for the purposes of this section. For the purposes of this section, <br /> the leasing or granting in the ordinary course of business of indefeasible rights of use or similar <br /> rights in dark fiber, fiber optic capacity, conduit and other network elements shall not require the <br /> express consent of the CITY, so long as ENCROACHER remains solely responsible for locating, <br /> placing, installing, maintaining,relocating and removing the Network Facilities. <br /> SECTION 14 <br /> TERM AND TERMINATION <br /> {00053614;%1} -15- <br />