Permittee shall sign an agreement to defend, indemnify and hold harmless the City
and its officers, boards, commissions, agents, and employees against and from any
and all claims, lawsuits, liabilities or damages of whatsoever nature arising-out
of or in connection with the encroachment work or other operations performed by the
permittee and shall maintain adequate general and automobile liability insurance to
protect from any claims for damages for personal injuries, including death, and for
damages to property which may arise from the encroachment work or other operations
under the permit required by the provisions of this chapter, whether such encroachment
work or other operations shall be performed by himself/herself, or by any agent, or
by anyone directly or indirectly employed by said agent. Either City approved endorsements
or copy of insurance policies shall be filed with the Director of Public Works and
shall be subject to his/her approval for adequacy of protection. The City, its officers,
employees, and agents shall be named as additional insureds in any of such insurance
policies. Said policies shall be written on an occurrence form and shall not be subject
to cancellation or material modification except upon not less than thirty (30) days
written notice to the City Clerk by certified mail. Aggregate limits policies or endorsements
shall be accompanied by a listing of prior claims to enable the City to ascertain
the adequacy of the pro-offered coverage.
(§ 12149, S.V.M.C., as amended by § 1(H), Ord. 764, eff. December 19, 1991)
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