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Res 2004-135
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Res 2004-135
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Last modified
6/21/2005 1:24:51 PM
Creation date
6/15/2005 1:55:26 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-135
Date
8/9/2004
Volume Book
156
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<br />difficulties, dangers and restrictions relating to all work that the Licensee will undertake under <br />this Agreement. <br /> <br />17.03. THE CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO <br />THE CITY FACILITIES OR THE POLES, ALL OF WHICH ARE HEREBY DISCLAIMED. <br />THE CITY EXPRESSL Y DISCLAIMS ANY IMPLIED WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> <br />17.04. THE LICENSEE ACKNOWLEDGES THAT THE CITY DOES NOT WARRANT <br />THAT THE CITY FACILITIES OR THE POLES ARE PROPERL Y LABELED, AND THE <br />LICENSEE AGREES THAT THE CITY IS NOT LIABLE FOR ANY INJURIES OR <br />DAMAGES CAUSED BY OR IN CONNECTION WITH MISSING LABELS OR <br />OTHERWISE IMPROPERLY LABELED FACILITIES, PREMISES, OR POLES. THE <br />LICENSEE FURTHER AGREES TO IMMEDIATELY NOTIFY THE CITY IF LABELS OR <br />TAGS ARE MISSING OR OTHERWISE IMPROPER. <br /> <br />17.05. THE LICENSEE ACKNOWLEDGES THAT IT IS FULLY APPRISED AND <br />CONSCIOUS OF, AND FULLY UNDERSTANDS, THE IMMINENT DANGERS, <br />INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION, <br />INHERENT IN PERFORMING WORK ON AND NEAR THE POLES, AND ACCEPTS AS <br />ITS DUTY AND SOLE RESPONSIBILITY THE NOTIFICATION, SUPERVISION AND <br />TRAINING OF THE LICENSEE'S EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS <br />AND SUBCONTRACTORS WITH RESPECT TO THESE DANGERS. <br /> <br />ARTICLE 18. INSURANCE <br /> <br />18.01. The Licensee will maintain in full force and effect the following types of insurance issued <br />by a company authorized to do business in Texas in at least the following coverage amounts: <br /> <br />Type of coverage Per person Per occurrence Prop. damage Or CSL <br />Commercial general liability $1,000,000 $4,000,000 $1,000,000 $5,000,000 <br />Worker's compensation Statutory Statutory Statutory Statutory <br />Motor vehicle liability $1,000,000 $4,000,000 $1,000,000 $5,000,000 <br /> <br />18.02. The specification of coverage limits in this Article does not limit the Licensee's indemnity <br />obligations under Article 16 in any way. <br /> <br />18.03. The Licensee will maintain fire and extended coverage property insurance on the <br />Licensee's Facilities that may be placed on, within, or near City Facilities. This insurance must <br />contain a waiver of subrogation as to the City. <br /> <br />18.04. The insurer on all coverages maintained by the Licensee must be authorized to do <br />business in the State of Texas and have an "A" or better rating in the most recent Best's Guide. <br />All contractors and all of their subcontractors who perform work on behalf of the Licensee will <br />carry, in full force and effect, worker's compensation, comprehensive public liability and <br /> <br />17 <br />
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