Laserfiche WebLink
damages, whether under theory of contract, tort (including negligence), strict liability or <br />otherwise. <br />12. INSURANCE. <br />A. Waiver of Subrogation. To the extent allowed by law, Each Party hereby waives <br />and release any and all rights of action for negligence against the Other Party which may <br />hereafter arise on account of damage to property, resulting from any fire, or other casualty of the <br />kind covered by standard fire insurance policies with extended coverage, regardless of whether <br />or not, or in what amounts, such insurance is now or hereafter carried by Each Party. This waiver <br />and release shall apply between the Parties and shall also apply to any claim asserted as a right of <br />subrogation. All such policies of insurance obtained by Each Party concerning its property shall <br />waive the insurer's right of subrogation against the Other Party. <br />B. General Liability. Lessee agrees that at its own cost and expense, it will maintain <br />commercial general liability insurance with limits of $2,000,000 per occurrence for bodily injury <br />(including death) and property damage; and $4,000,000 general aggregate including premises - <br />operations, products -completed operations, personal injury and advertising injury, and <br />contractual liability. Lessee shall include the Lessor as an additional insured as their interest may <br />appear under this Agreement. <br />C. Automobile Liability. Lessee shall maintain commercial automobile liability <br />Insurance covering all owned, hired, and non -owned automobiles, with a combined single limit <br />of $2,000,000 each accident for bodily injury and property damage. <br />D. Workers' Compensation. Lessee agrees to provide workers' compensation <br />insurance for all its employees in accordance with the statutory requirements of the State of <br />Minnesota and employers' liability insurance with limits as follows: $500,000 each accident for <br />bodily injury; $500,000 disease each employee; $500,000 disease -policy limit. <br />E. Additional Insurance Conditions. <br />(i) Lessee shall deliver to Lessor a certificate of insurance as evidence that <br />the above coverages are in full force and effect. <br />(ii) Lessee's policies shall be primary insurance and non-contributory to any <br />other valid and collectible insurance available to Lessor with respect to <br />any claim arising under this Agreement. <br />(iii) Upon receipt of notice from its insurer(s) Lessee shall provide the City <br />with thirty (30) days' advanced written notice of cancellation of any <br />required coverage. <br />13. LIMITATION OF LIABILITY. Except for indemnification obligations pursuant <br />to Paragraph 11, neither Party shall be liable to the other, or any of their respective agents, <br />representatives, employees for any lost revenue, lost profits, loss of technology, rights or <br />services, incidental, punitive, indirect, special or consequential damages, loss of data, or <br />interruption or loss of use of service, even if advised of the possibility of such damages, whether <br />under theory of contract, tort (including negligence), strict liability or otherwise. Lessee shall not <br />City of Orono, Minnesota <br />Small Wireless Facility Collocation Agreement 8 <br />48063050 <br />