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if such act of eminent domain is exercised by the City, the City shall make reasonable efforts to <br />provide an alternate route. <br />20. Insurance. <br />A. During the Term, Zayo shall obtain and maintain, and shall require any of its permitted <br />subcontractors to obtain and maintain, not less than the insurance set forth below: <br />(A) Workers' Compensation: Statutory; and employer's liability insurance covering <br />death or injury to any person or persons, or damage to property arising from the <br />operations of vehicles or equipment, with limits of not less than $1,000,000 per <br />occurrence. <br />(B) Commercial General Liability: Written on a per occurrence basis to include <br />coverage for: Broad Form Property Damage; Bodily Injury; Personal Injury; Blanket <br />Contractual Liability; and Products /Completed Operations, with a combined single limit <br />per Occurrence not less than $2,000,000. <br />(C) Automotive Liability: Covering death or injury to any person or persons, or <br />damage to property arising from the operation of vehicles or equipment, for all vehicles <br />owned, hired, non - hired, non -owned and borrowed by contractor in the performance of <br />the obligations covered under this Agreement, with limits of not less than $1,000,000 per <br />occurrence. <br />B. Zayo shall not be relieved of any liability, claims, demands, or other obligations assumed <br />pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason <br />of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The <br />coverages required above shall be procured and maintained with forms and insurers acceptable to <br />the City. All coverages shall be continuously maintained from the Effective Date. <br />C. Zayo's general liability insurance and automobile liability insurance shall be endorsed to <br />include the City, and its elected and appointed officers and employees, as additional insureds, <br />unless the City in its sole discretion waives such requirement. Every policy required above shall <br />be primary insurance, and any insurance carried by the City, its officers, or its employees, shall be <br />excess and not contributory insurance to that provided by Zayo. Such policies shall contain a <br />severability of interest provision. Zayo shall be solely responsible for any deductible losses under <br />each of the policies required above. <br />D. Certificates of insurance shall be provided by Zayo as evidence that policies providing <br />the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to <br />review and approval by the City. No required coverage shall be cancelled, terminated or materially <br />changed until at least 30 days prior written notice has been given to the City. The City reserves the right <br />to request and receive a certified copy of any insurance policy and any endorsement thereto. <br />E. Failure on the part of Zayo to procure or maintain policies providing the required <br />coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the <br />City may immediately terminate this Agreement, or at its discretion may procure or renew any such <br />policy or any extended reporting period thereto and may pay any and all premiums in connection <br />therewith, and all monies so paid by the City shall be repaid by Zayo within thirty days. <br />Page 7 of 17 <br />