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2005_Ordinances
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2005_Ordinances
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• SECTION 602 WAIVER BY THE CITY <br />The City waives the applicability of these indemnification provisions in their entirety if it: <br />(a) elects to conduct its own defense against such claim; <br />(b) fails to give prompt notice to the Company of any such claim such that the <br />Company's ability to defend against such claim is compromised; <br />(c) denies approval of a settlement of such claim for which the Company seeks <br />approval; or <br />(d) fails to approve or deny a settlement of such claim within thirty (30) days of the <br />Company seeking approval. <br />SECTION 603 INSURANCE <br />603.1 The Company shall also maintain in force a comprehensive general liability policy in a <br />form satisfactory to the City Attorney, which at minimum must provide: <br />(a) verification that an insurance policy has been issued to the Company by an <br />• insurance company licensed to do business in the State of Virginia, or a form of <br />self insurance acceptable to the City Attorney; <br />• <br />(b) verification that the Company is insured against claims for personal injury, <br />including death, as well as claims for property damage arising out of (i) the use <br />and occupancy of the Public Rights -of -Way by the Company, its agents, <br />employees and permittees, and (ii) placement and use of Facilities owned by the <br />Company in the Public Rights -of -Way by the Company, its officers, agents, <br />employees and permittees, including, but not limited to, protection against <br />liability arising from completed operations, damage of underground Facilities and <br />collapse of property; <br />(c) verification that the City Attorney will be notified thirty (30) days in advance of <br />cancellation of the policy or material modification of a coverage term; <br />(d) verification that comprehensive liability coverage, automobile liability coverage, <br />workers compensation and umbrella coverage established by the City Attorney in <br />amounts sufficient to protect the City and the public and to carry out the purposes <br />and policies of this Ordinance; and <br />(e) verification that the policy has a combined single limit coverage of not less than <br />two million dollars ($2,000,000). <br />Page 10 <br />
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