LEVEL 3 COMMUNICATIONS - Laserfiche WebLink

be called on to cover a loss covered thereunder, except for losses caused by the City's negligence or willful misconduct. b. Automobile Insurance. Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence. C. Workers' Compensation Insurance. Workers' Compensation Insurance as required by law. d. Certificate of Insurance. Company shall provide a Certificate of Insurance to the City prior to City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance, issued on a standard Accord form, shall provide in writing that the insurance afforded by this Certificate shall not be cancelled without providing thirty (30) days prior written notice to City. In addition,the insured shall provide thirty(30) days prior written notice to City of any cancellation of the insurance coverage required by this Agreement. Company shall provide notice in writing to City within thirty(30) days of any reduction in limits of the insurance coverage required by this Agreement. 9. NOTICES. All required notices shall be in writing and shall be sent by certified or registered mail,postage prepaid, addressed as follows: To Company: Level 3 Communications, LLC To City:Public Works Director 1025 Eldorado Blvd. City of Pleasanton Broomfield, CO 80021 P.O. Box 520 Attn: Director,Network Compliance Pleasanton, CA 94566 With a copy to: Level 3 Communications, LLC 1025 Eldorado Blvd. Broomfield, Colorado 80021 Attn: General Counsel. 10. ASSIGNMENT. This Agreement shall not be assigned or transferred without the prior written consent of the City, except Company may assign this Agreement to an affiliate or any person or entity which,through merger, reorganization, acquisition or otherwise, succeeds to all or substantially all of Company's business,without approval. 11. TIME OF ESSENCE. Time is of the essence in the performance of this Agreement. No waiver by either party of the nonperformance or any breach of any term, provision, or condition of this Agreement, or any default under it shall be considered to be or operate as a waiver of any subsequent nonperformance,breach or default. 12. AMENDMENT. This Agreement may be amended or modified by the parties provided that said amendment or modification is in writing and approved by both parties. ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM Page 5 of 6 CITY OF PLEASANTON AND LEVEL 3 COMMUNICATIONS