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3. A waiver of subrogation in favor of the City Of La Porte,Texas, its officers,
<br /> employees,and agents shall be contained in each policy required herein.
<br /> 4. All insurance policies shall be endorsed to require the insurer to immediately notify
<br /> the Town of Addison,Texas of any material change in the insurance coverage.
<br /> 5. All insurance policies shall be endorsed to the effect that the City Of La Porte, Texas
<br /> will receive at least sixty (60) days' notice prior to cancellation or non-renewal of the
<br /> insurance.
<br /> 6. All insurance policies,which name the City Of La Porte,Texas as an additional insured,
<br /> must be endorsed to read as primary coverage regardless of the application of other insurance.
<br /> 7. Required limits may be satisfied by any combination of primary and umbrella liability
<br /> insurances.
<br /> 8. Owner may maintain reasonable and customary deductibles.
<br /> 9. Insurance must be purchased from insurers that are financially acceptable to the City
<br /> and licensed to do business in the State of Texas.
<br /> All insurance must be written on forms filed with and approved by the Texas Department of Insurance.
<br /> Certificates of Insurance shall be prepared and executed by the insurance company or its authorized
<br /> agent, delivered to Owner and the City prior to the commencement of the use of the Encroachment
<br /> Area by Owner,and shall:
<br /> 1. List each insurance coverage described and required herein. Such certificates will also
<br /> include a copy of the endorsements necessary to meet the requirements and instructions
<br /> contained herein.
<br /> 2. Specifically set forth the notice-of-cancellation or termination provisions to the City
<br /> of La Porte.
<br /> Upon request, Owner shall furnish City with complete copies of all insurance policies certified to be
<br /> true and correct by the insurance carrier. The City has the right to review the insurance requirements
<br /> contained herein and to adjust coverages and limits when deemed necessary and prudent by the City.
<br /> 7. Owner's Indemnity Obligation. Owner covenants and agrees to, and shall
<br /> DEFEND (with counsel reasonably acceptable to the City), INDEMNIFY, AND HOLD
<br /> HARMLESS the City of La Porte and the elected and appointed officials,and the officers,employees,
<br /> agents, and representatives of the City of La Porte, Texas, individually or collectively, in both their
<br /> official and private capacities (collectively, the "City Persons" and each a "City Person").,from and
<br /> against any and all claims, liabilities, judgments, lawsuits, demands, harm, losses, damages,
<br /> proceedings, suits, actions, causes of action, liens, fees, fines, penalties, expenses, or costs, of any
<br /> kind and nature whatsoever made upon or incurred by the City or any other of the City Persons, or
<br /> any of them,whether directly or indirectly,(the "Claims"),that arise out of,result from,or relate to:
<br /> Encroachment Agreement
<br /> Page 4 of 8
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