1.
INSURANCE REQUIREMENTS: LICENSEE at its sole cost
and expense, and for the full term of this Agreement,
or any renewal thereof, shall obtain and maintain throughout
the
term of this Agreement all of the following insurance requirements:
A. A
comprehensive General Liability policy with minimum limits
of Two Million Dollars ($2,000,000) combined single limit
for bodily
injury and property damage and provide at least the following
minimum coverage's:
1. Premises
Operations
2. Broad
Form Property Damage
3. Broad
Form Contractual Liability
4. Completed
Operations
5. Products
Liability for Concessionaire
6. Personal
Injury (Coverage A, B, and C)
7.
Fire Legal Liability in an amount not less than $100,000.
B. A
Worker's Compensation policy to cover all employees or contractors
of
LICENSEE
in accordance with Labor Code Section 3700 et. seq.
1. This
policy shall provide (Coverage A) Worker's Compensation
and be written
in accordance with the laws of the State of California
and the associated statutory limit of liability.
2.
This coverage shall also provide for (Coverage B) Employer's Liability
in the minimum amount of $100,000.
C. Vehicle
Liability Insurance in an amount not less than $500,000 for injuries,
including accidental death, to any one person and
subject to the same minimum for each person, in an amount not
less than $500,000 for each accident and property damage insurance
in an amount not less than $500,000.
D. LICENSEE shall
require the subcontractors it retains to provide services in connection
with LICENSEE'S use of the Property to obtain and maintain, during
the period that their services are so rendered, all of the insurance
requirements contained in this Item No. 12 that apply to LICENSEE
as though all of the terms of this Item No. 12 applied directly
to the subcontractors of LICENSEE. Proof of coverage maintained
by such subcontractors shall be supplied to EVENT CENTER by LICENSEE
on request from EVENT CENTER.
E. Proof of coverage
shall be submitted to EVENT CENTER and shall be in the form of
a properly issued and signed certificate of insurance with copies
of all of the following required endorsements attached thereto. LICENSEE
shall not commence performance of any work or obligations under
the terms of this Agreement until EVENT CENTER is provided
with the required certificates of insurance and endorsements
as set forth hereinafter, or with respect to worker's compensation
insurance, with a certificate of consent to self-insure issued
by the Director of the Department of Industrial Relations. Furthermore,
it is specifically understood that EVENT CENTER shall not be
responsible
for any premiums of assessments with respect to any insurance
policies required hereunder of LICENSEE.
F. The
following endorsements are required to be made part of and
attached to each of the required policies:
1. "The
Student Union of San Jose State University, San Jose State
University,
the State of California, the Trustees of the California State
University, and all of their other departments, boards, commissions,
officers, employees, agents, contractors, and invitees are
hereby
added as additional insureds."
2.
"This policy shall be considered primary insurance and any
other valid and collectible insurance EVENT CENTER possesses
shall
be considered excess insurance only."
3.
Thirty (30) days advance written notice of cancellation shall
be given to EVENT CENTER in the event of cancellation and/or reduction
of any nature, in the coverage. Such notice shall be sent to EVENT
CENTER. In the event of such cancellation and/or reduction, LICENSEE
promptly shall obtain replacement insurance consistent with all
of the provisions of this Item No. 12, and shall provide EVENT
CENTER with proof of coverage described in Item No. 12E
above. If LICENSEE does not supply EVENT CENTER with that proof
of coverage within ten (10) days of the scheduled date of the
use of the Property by LICENSEE, then EVENT CENTER shall have
the right to terminate this Agreement without liability or obligation
of any kind or nature to LICENSEE. In such event, all of
the rights and remedies of EVENT CENTER, as described in this
Agreement, shall remain in full force and effect.
G. It
is further understood and agreed that EVENT CENTER in no way
purports to
be a bailee and is not responsible in any way for lost, stolen,
or damaged equipment or material of the LICENSEE.
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