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<br />`; :: ~, , 1VI. ' ~ INSURANCE `. ~ ~ ' . ' _: ,' ~ : .'` ~ ' „ . .
<br />~ ~:. Metricom. shall obtain and maintain continu`ously in effect at all-times during the term,of
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<br />this Permit, at Metricom's sole expense, the ,following insurance: -~. ~ `
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<br />1. ±' A comprehensive public. liability insuiance policy, including: auto and personal ~.
<br />, ' injury; with a combineci single limit coverage of not less than One Million Dollars
<br />, ($1;000,000) for bodily injury'and property damage, on an occunence basis. .T'fie .
<br />,• liability, policy shall name City `as additional insured, protecting City &om any, and ''
<br />all claims, losses, actions, or damages 'resulting; directly or indirectly &om any act, , -
<br />_ ' ~° ~ default, enoi or omission of ~Metricom, or as a resulf of the joint; concumng or. .- --
<br />~. ~ ` ,_ ~ contributory .act, omission `or negligence of Metricom and City arising in ~
<br />: connection witti or related fo Metricom's `operation and activifies ~including those :
<br />` of Metricom's employees; ;agents and contractors, within the Public Right-of-Way: ~
<br />~ ~ Tlie liability policy sfiall contairi a"tenant's.legal liability" endorsement.
<br />2: ', Workers' compensation insurance in the amounts.and form required by the ~
<br />- workers.compensation insurance laws in the'.State of Oregon. ., '
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<br />~ '- 3: The insurance policies speci6ed above shall be approved as `to the form and surery.- '
<br />`. ~ by Gity and:shall bear endorsement entitling City to, at,,least thirty (30) days prior
<br />.. . written notice of any material_ change, ~ non-renewal or cancellation, a copy of all . ,
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<br />< --~ such policies, or .certificates thereof, satisfactory to City, shall t>e delivered to City -
<br />. prior to commencement of operations by Metricom. All policies _required by these -
<br />provisions' shall. be written as primary policies; not `contributing with or ~ in excess of
<br />-~~. ; any.coverage which City may covec and shall have loss payable: clauses in favor of - '~
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<br />: and.satisfactory to City. ' , _ . . ` ~.
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<br />, -~ 4, , Metricom and City hereby waive all rights. of recovery against each other and ~each
<br />' other's agents, officers and employees, for any loss or damage, including, ~
<br />~ consequential loss or-damage caused, by any peril enumerated in a standard fue
<br />. ~ insurance policy with endorsement for extended coverage ~and in the~event. of an ' ,
<br />, .~ insured loss,~ neither party's;insurance company shall have a subrogated, claim . ,- ,
<br />against the other. ' `
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<br />.. . N: INDEMNIFICATION ~ " . , _:. . ~ - .
<br />_. : ~ Metricom shall indemnify and hold City, and; its' off'icers, agents and employees, harmless
<br />~ &om and against all claitns, actions, liabilities, costs, including reasonable attomey fees and ~-,
<br />other costs ; of defense, arising out~ of or in any way relating to: this , Peimit (except insofar .. .
<br />". _ " as same was caused, by .the sole or ,gross negligence or willful misconduct of City's officers, '
<br />' agents or. employees), Metricom's failure to strictly comply with any provision'bf `tliis ~ .
<br />," ,contract, or any other actions or failure to pay by Metricom and Metricom's.employees, ~ ~
<br />' . agents, officers and contractors. ~ In the evenf any such action'or claim is brought against ~ ~
<br />~~ City, Mefricom shall, if City so elects and upon tender by City, defend the same_ at ~
<br />"~ ~ ~~ .~Metricom's sole cost and expense, promptly satisfy any judgment adverse to City or to ~ •
<br />'. ` °~ •. City .and Metricom, jointly, and reimburse City for any loss; cost,~ damage or expense, ; ,.
<br />,_ ~including attomey fees, suffered or incuned by City.: .~ -. , ~
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<br />,. 'Metricom -"Permif to Attach, Install, Opecate and Matatain A ~, _
<br />Wireless Data.Communications Radio Network on City-Owned Facilities , , PSg6 8
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