04-25-11 Regular Meeting of the La Porte City Council

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SROW# 75987 L 798 commencement of the contractor's performance under this Agreement. All insurance as required by this section shall be primary to any other insurance coverage purchased and shall be issued by an insurer authorized to do business in the State of Texas having an A. M. Best's Rating of not less than "A- VII." k. Reinstatement of Impaired Limits. In the event that the required aggregate limits of liability of any insurance required by this section are reduced or impaired by fifty percent (50 %) or more, the contractor shall give Licensor notice of the impairment and promptly cause such impaired limits to be reinstated to the required limits. Subcontractors' Insurance. Each contractor shall cause its subcontractors, including all persons hired by the contractor who are not employees of the contractor, who perform any part of the work hereunder, to procure and to maintain in full force and effect insurance of the types and amounts, and meeting the requirements described in Sections 22(b), 22(d), 22(e) and 22(f). In addition, subcontractors shall comply with Sections 22(h), 22(i) and 220). m. Term of Required Insurance. All terms of these insurance requirements shall survive termination of this Agreement and shall continue until thirty (30) days past the final completion of all work or services performed under this Agreement, including the performance of any warranty work. In addition, each contractor shall maintain in full force and effect completed operations coverage under the insurance policies required by general liability and excess liability, and any "claims- made" coverage under Section 22(k), for a minimum of two (2) years after final completion of all work or services to be provided hereunder. Each contractor shall purchase an extended reporting period, or "tail coverage," if necessary to comply with the latter requirement. n. No Waiver by Licensor. A contractor's failure to provide insurance as required hereunder, or failure to supply certificates of insurance that comply with Section 220) or the failure of Licensor to require evidence of insurance or to notify the contractor of any breach by the contractor of the requirements of these provisions or deficiencies in the insurance obtained, shall not constitute a waiver by Licensor of any of the these insurance requirements, or a waiver of any other terms and conditions of this contract, including the contractor's and the Licensee's obligations to defend, indemnify, and hold harmless Licensor as required herein. o. Policy Requirements. The foregoing insurance requirements are minimum requirements intended to benefit Licensor, shall not be interpreted to limit a contractor's or the Licensee's liability to Licensor in any manner whatsoever; and, are separate from and independent of the contractor's and the Licensee's other obligations under this Agreement, including Licensee's obligations to defend, indemnify and hold harmless Licensor. 23. Licensee's Indemnity to Licensor. AS PART OF THE CONSIDERATION FOR THIS AGREEMENT, LICENSEE AGREES THAT LICENSOR, ITS ASSIGNEES, OR OTHER Page 10 of 14