Resolution 2016-53 - Laserfiche WebLink

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insureds with primary coverage as respects the City, its officers and its employees, and shall contain a severability of interests provision. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers, or its employees, shall be excess and not contributory insurance to that required under this Section 8. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The insurance holder shall be solely responsible for any deductible losses under each of the policies required above. C. Certificates of insurance shall be completed by the insurance holder's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the City. Each certificate shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. If the words "endeavor to" appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The City reserves the right to request and receive a certified copy of any policy. D. Failure on the part of Owner to cause its contractors to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of Owner's obligations hereunder, for which the City may immediately terminate or limit Owner's rights hereunder. 10. Liability and Indemnity. Owner shall be solely responsible for all damages to persons or property which may be caused by Owner or its agents, employees or contractors, or which may result or arise in whole or part from their activities on the Premises, and Owner will indemnify and hold harmless the City, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, damage, loss, cost or expense, including but not limited to reasonable attorney fees, which the City, its elected and appointed officials, and its employees, agents and representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part from, or are in any way connected with, Owner's use and occupancy of the Premises, or with this Agreement or the rights and obligations of Owner hereunder. By demanding this right to indemnification, the City in no way waives or intends to waive the limitations on liability or other protections provided to the City and its employees by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seg. 11. Other Interests. Owner understands that the City holds only an easement interest in the Premises. Owner further acknowledges and understands that the joint use consent granted hereunder is granted subject to all agreements, easements and other interests of record and/or apparent on the ground. Owner shall be solely responsible for coordinating its activities hereunder with the holders of such franchise agreements or other interests, and for obtaining any required permission for such activities from the property owner of Lot 15, Block 1, The Business Center at C.T.C. upon which the Easement is located and from any holders of any other interests. 4