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(4) that the City shall receive 30 days' advance written otice of cancellation, intent not to <br /> renew or reduction in coverage; and <br /> (5) that the commercial general liability insurance policy i primary as respects any other valid <br /> or collectible insurance that the City may possess, incl ding any self-insured retentions the <br /> City may have; and any other insurance the City doe possess shall be considered excess <br /> insurance only and shall not be required to contribute ith this insurance. <br /> 7.12.14.04 Under extraordinary circumstances, a Communications Services Provider <br /> may satisfy the insurance requirements of this Part by providing documentation of self- <br /> insurance that, in the sole discretion of the City Manag: or his/her designee, demonstrates <br /> incontrovertibly the adequacy to defend and cover claims of any nature that might arise from <br /> the placement and maintenance of Facilities in the Public Rights-of-Way. The <br /> Communications Services Provider shall be authorized as a self-insurer by the Department of <br /> Insurance under the laws of the State of Florida. <br /> 7.12.15. -Indemnification. <br /> 7.12.15.01 Except with respect to the willful misconduct, negligence or gross <br /> negligence of the City, a Communications Services Pro der, by act of Registering with the <br /> City as such, shall be obligated, at its sole cost and exp-nse, to defend, indemnify and hold <br /> harmless the City, its officials, council members, agents .nd employees from and against any <br /> and all claims, suits, causes of action, proceedings, liabi 'ties and judgments for damages or <br /> equitable relief, and the costs and expenses arising out of Ior in connection with the placement <br /> or maintenance of its Communications Facilities in the Public Rights-of-Way by the <br /> Communications Services Provider or its agent or hir d contractor. This indemnification <br /> provision shall include,but not be limited to, such damages and penalties arising out of claims <br /> (1)by any Person whatsoever on account of(i)bodily injry to a person or persons, (ii) death <br /> of a person or persons or (iii) property damage, where any of the foregoing is occasioned by <br /> the operations of the Communications Services Provider, or alleged to have been so caused or <br /> occurred or (2) involving the Communications Services rovider's violation of any easement <br /> or private property rights. <br /> 7.12.15.02 Nothing in this Section shall prohibi the City from participating in the <br /> defense of any litigation by its own counsel if in the Ci 's reasonable belief there exists or <br /> may exist a conflict, potential conflict or appearance of a onflict. <br /> 7.12.15.03 Indemnified costs and expenses shall i dude,but not be limited to, all out- <br /> of-pocket expenses and reasonable attorneys' fees in defe ding against any such claim, suit or <br /> proceeding, and shall also include the reasonable value f any services rendered by the City <br /> Attorney or his assistants or any consultants, agents and mployees of the City. The City will <br /> attempt to notify the Communications Services Provider, in writing, within a reasonable time <br /> of the City's receiving notice of any issue it determines m y require indemnification. <br /> 7.12.15.04 Nothing contained in this subsection shall be construed or interpreted: (1) <br /> as denying the City, the, Communications Services PPAder or any Person any remedy or <br /> defense available to them under the laws of the State of Florida;or(2) as a waiver of sovereign <br /> immunity beyond the limitations provided in Section 768.28, Florida Statutes, as it may be <br /> amended. <br /> 7.12.15.05 The indemnification requirements of his section shall survive and be in <br /> effect after the termination or cancellation of a Registration. <br /> 7.12.16.- Construction Bond. <br /> 7.12.16.01 Prior to issuance of any Right-of-Way Use Permit where the type of work <br /> allowed under the permit will require restoration •f the Public Rights-of-Way, the <br /> Communications Services Provider,or the contractor performing such work on its behalf,shall <br /> obtain,pay for and file with the City a construction bond. e construction bond shall serve to <br /> guarantee the timeliness and quality of the construction and restoration work and to secure, <br /> and enable the City to recover, all costs related to the restoration of the Public Rights-of-Way <br /> in the event the Communications Services Provider o its contractor fails to make such <br /> Page 27 of 31 <br />