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construction, repair or maintenance of the public improvement shall be considered a <br />violation of the terms of this Franchise Agreement. <br />2. If, during construction or maintenance of VERIZON's Facilities, any <br />damage occurs to an underground facility and the damage results in the release of <br />natural gas or other hazardous substance or potentially endangers life, health or <br />property, VERIZON or its contractor shall immediately call 911 or other local emergency <br />response number. <br />C. Other Remedies. Nothing contained in this Franchise Agreement shall limit <br />the City's available remedies in the event of VERIZON's failure to comply with the <br />provisions of this Franchise Agreement, to include but not limited to, the City's right to a <br />lawsuit for specific performance and/or damages. <br />D. Removal of System. In the event this Franchise Agreement is terminated as a <br />result of violations of the terms of this Franchise Agreement, VERIZON shall, at its sole <br />expense, remove all system components and Facilities within 60 days of such <br />termination, provided that the City, at its sole option, may allow VERIZON to abandon <br />its Facilities in place. <br />E. Receivership. At the option of the City, subject to applicable law and lawful <br />orders of courts of competent jurisdiction, this Franchise may be revoked after the <br />appointment of a receiver or trustee to take over and conduct the business of VERIZON <br />whether in a receivership, reorganization, bankruptcy, or other action or proceeding, <br />unless: <br />1. The receivership or trusteeship is timely vacated; or <br />2. The receiver or trustee has timely and fully complied with all the terms and <br />provisions of this Franchise Agreement, and has remedied all defaults under the <br />Franchise Agreement. Additionally, the receiver or trustee shall have executed an <br />agreement duly approved by the court having jurisdiction, by which the receiver or <br />trustee assumes and agrees to be bound by each and every term, provision, and <br />limitation of this Franchise Agreement. <br />Section 8. Insurance. <br />A. VERIZON shall maintain Commercial General liability insurance during the full <br />term of this Franchise Agreement for bodily injury (including death) and property <br />damages. The limit of liability shall be a combined single limit in the amount of <br />$2,000,000 for each occurrence and $2,000,000 general aggregate. <br />B. Such insurance shall include as additional insured, the City, its officers, <br />officials, and employees as their interest may appear under this Franchise Agreement, <br />excluding worker's compensation and employer's liability; shall apply as primary <br />insurance; and shall stipulate that no insurance affected by the City will be called on to <br />contribute to a loss covered thereunder. Upon receipt of notice from its insurer(s) that <br />any insurance required by this Franchise Agreement will be cancelled or will not be <br />renewed, and VERIZON will not replace such insurance with coverage as required by <br />this Franchise Agreement, VERIZON shall provide the City with 30 days prior written <br />W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 <br />GL:bjs <br />Page 12 of 20 <br />87 <br />