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APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE
PAGE 9 OF 62
AT&T-13STATE/NEW CINGULAR WIRLESS PCS, LLC
020106
(and the other Party shall likewise be excused from performance of its obligations to the extent
such Party’s obligations relate to the performance so interfered with). The affected Party shall use
reasonable and diligent efforts to avoid or remove the cause of nonperformance and the Parties
shall give like notice and proceed to perform with dispatch once the causes are removed or cease.
4.4 Insurance
4.4.1 Coverage Requirements
4.4.1.1 The Wireless Collocator agrees to maintain, at all times, the following minimum insurance
coverage and limits and any additional insurance and/or bonds required by law:
4.4.1.1.1 Workers' Compensation insurance with benefits afforded under the laws of the
State of AT&T-13STATE and Employers Liability insurance with minimum limits of
$1,000,000 for Bodily Injury-each accident, $1,000,000 for Bodily Injury by
disease-policy limits and $1,000,000 for Bodily Injury by disease-each employee.
4.4.1.1.2 Commercial General Liability insurance with minimum limits of: $10,000,000
General Aggregate limit; $5,000,000 each occurrence sub-limit for all bodily injury
or property damage incurred in any one occurrence; $1,000,000 each occurrence
sub-limit for Personal Injury and Advertising; $10,000,000 Products/Completed
Operations Aggregate limit, with a $5,000,000 each occurrence sub-limit for
Products/Completed Operations. Fire Legal Liability sub-limits of $2,000,000 are
required for lease agreements. AT&T-13STATE will be named as an Additional
Insured on the Commercial General Liability policy.
4.4.1.1.3 If use of an automobile is required, Automobile Liability insurance with minimum
limits of $1,000,000 combined single limits per occurrence for bodily injury and
property damage, which coverage shall extend to all owned, hired and non-owned
vehicles.
4.4.1.1.4 All Risk Property coverage on a full replacement cost basis insuring all of Wireless
Collocator’s personal property situated on or within the Eligible Structure or the
Dedicated Space. Wireless Collocator releases AT&T-13STATE from and waives
any and all right of recovery, claim, action or cause of action against AT&T-
13STATE, its agents, directors, officers, employees, independent contractors, and
other representatives for any loss or damage that may occur to equipment or any
other personal property belonging to Wireless Collocator or located on or in the
space at the request of Wireless Collocator when such loss or damage is by
reason of fire or water or the elements or any other risks that would customarily
be included in a standard all risk casualty insurance policy covering such property,
regardless of cause or origin, including negligence of AT&T-13STATE, its agents,
directors, officers, employees, independent contractors, and other
representatives.
4.4.1.1.5 Property insurance on Wireless Collocator’s fixtures and other personal property
shall contain a waiver of subrogation against AT&T-13STATE, and any rights of
Wireless Collocator against AT&T-13STATE for damage to Wireless Collocator’s
fixtures or personal property are hereby waived. Wireless Collocator may also
elect to purchase business interruption and contingent business interruption
insurance, knowing that AT&T-13STATE has no liability for loss of profit or
revenues should an interruption of service occur that is attributable to any
Physical Collocation arrangement provided under this Appendix.
4.4.1.1.6 AT&T-13STATE requires that companies affording insurance coverage must
have a rating of A or better and a Financial Size Category rating of VIII or better,
as rated in the A.M. Best Key rating Guide for Property and Casualty Insurance
Companies.