MCIMETRO ACCESS TRANSPORTATION SERVICES

a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that City is a named additional insured under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Company and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. 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 for all of Company's employees, all in strict compliance with State laws, and to protect City from any and all claims thereunder. d. Certificate of Insurance. Company shall complete and file a Certificate of Insurance with 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 shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. In addition, the insured shall provide thirty (30) days prior written notice to City of any suspension, cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by this Agreement. 10. AGREEMENT RUNS WITH THE LAND. This Agreement is for the benefit of the parties and their successors. It is the intention of the parties that the obligations set forth in this Agreement shall run with the land and be binding upon future owners of the Company, its successors in interest or assigns, including their lessees and licensees. 11. TERMINATION. This Agreement shall terminate if the Project is removed, relocated or abandoned. 12. 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. 13. AMENDMENT. This Agreement may be amended, modified or changed by the parties provided that said amendment, modification or change is in writing and approved by both parties. MClmetro Encroachment Agreement