TIC 2018-06-25 Item 2C - Ordinance - Mobilitie LLC Small Cell Technology Franchise Agreement

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termination, provided that the City, at its sole option, may allow Mobilitie to abandon its Facilities in place. E. Receivership. At the option of the City, subject to applicable law and lawful orders of courts of competent jurisdiction, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of Franchisee whether in a receivership, reorganization, bankruptcy, or other action or proceeding, unless: 1. The receivership or trusteeship is timely vacated; or 2. The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise, and has remedied all defaults under the Franchise. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise. Section 8. Insurance. A. Mobilitie shall maintain liability insurance during the full term of this Franchise Agreement for personal injury and property damages which may arise from or in connection with operations or activities performed by or on the Franchisee's behalf with the issuance of this Franchise. The Franchisee's maintenance of insurance as required by the Franchise Agreement shall not be construed to limit the liability of the Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Notwithstanding anything to the contrary, Mobilitie may satisfy the foregoing insurance requirements through a combination of commercial general liability insurance and umbrella or excess liability insurance. B. Such required insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Franchisee's Commercial General Liability insurance shall provide limits of $ 5,000,000 each occurrence; $ 10,000,000 aggregate. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy using ISO Additional Insured - State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Automobile Liability insurance shall have a combined single limit for bodily injury and property damage or $ 3,000,000 per accident. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. Further, franchisee shall maintain Pollution Liability insurance (or Franchisee shall self -insure the same) covering losses caused by pollution conditions that arise in connection with this 137061302.3 54