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City of Oelwein City Code

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A. Worker’s Compensation. Worker’s compensation with Coverage A at<br />

statutory limits. Insurance shall cover the employees <strong>of</strong> the Grantee in compliance with<br />

the State <strong>of</strong> Iowa and all other States having jurisdiction over each employee.<br />

B. Comprehensive general liability. Comprehensive general liability including<br />

premises/operations; products/completed operations; broad form property damage;<br />

contractual liability; coverage for explosion, collapse and underground hazards and shall<br />

include limits <strong>of</strong> not less than $1,000,000 for bodily injury (including death) and property<br />

damage for each occurrence and not less than $1,000,000 in the aggregate.<br />

C. Comprehensive automobile liability. Comprehensive automobile liability<br />

including owned, non-owned and hire vehicles with limits <strong>of</strong> not less than $1,000,000 for<br />

bodily injury (including death) and property damage for each occurrence.<br />

D. Umbrella liability. Umbrella liability with limits <strong>of</strong> not less than $2,000,000.<br />

2. Certificates to Grantor. The Grantee shall furnish the Grantor with certificates <strong>of</strong><br />

insurance within sixty (60) days <strong>of</strong> the effective date <strong>of</strong> the Franchise Agreement. Certificates <strong>of</strong><br />

insurance shall be furnished by the Grantee to the Grantor in the event <strong>of</strong> a material change in the<br />

terms or conditions <strong>of</strong> the policy.<br />

3. Grantor as additional insured. Such insurance policies provided for herein shall name<br />

the Grantor, its <strong>of</strong>ficers, boards, commissions, agents and employees as additional insured.<br />

4. No limitation on liability. The minimum amounts set forth in the Franchise<br />

Agreement for such insurance shall not be construed to limit the liability <strong>of</strong> the Grantee to the<br />

Grantor under the Franchise issued hereunder to the amount <strong>of</strong> such insurance.<br />

5. Approved insurers. All insurance carriers providing coverage under (1) above, shall<br />

be duly licensed to operate in the State <strong>of</strong> Iowa.<br />

SECTION 9-59. INDEMNITY.<br />

1. Extent <strong>of</strong> indemnity. The Grantee shall, by acceptance <strong>of</strong> any Franchise granted,<br />

indemnify, defend and hold harmless the Grantor, its <strong>of</strong>ficers, boards, commissions, agents and<br />

employees from any and all claims, suits, judgments for damages or other relief, costs and<br />

attorney fees in any way existing out <strong>of</strong> or through or alleged to arise out <strong>of</strong> or through:<br />

The acts or omissions <strong>of</strong> Grantee, its servants, employees, or agents, including, but not<br />

limited to, any failure or refusal by Grantee, its servants, employees or agents to comply with<br />

any obligation or duty imposed on Grantee by this Ordinance or the Franchise Agreement.<br />

Such indemnification shall include, but not be limited to, all claims arising in tort,<br />

contract, infringements or copyright, violations <strong>of</strong> statutes, ordinances or regulations or<br />

otherwise.<br />

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