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43 <br />arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or <br />contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions <br />in any way contribute, and whether or not such acts or omissions were authorized or contemplated <br />by this Franchise or Applicable Law; arising out of or alleged to arise out of any claim for damages <br />for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or <br />the violation of infringement of any copyright, trademark, trade name, service mark or patent, or <br />of any other right of any Person, firm or corporation; arising out of or alleged to arise out of <br />Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be <br />deemed to prevent the Indemnified Parties from participating in the defense of any litigation by <br />their own counsel at such parties’ expense. Such participation shall not under any circumstances <br />relieve Grantee from its duty of defense against liability or of paying any judgment entered against <br />the Indemnified Parties. <br /> <br />16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense, take out <br />and maintain during the term of this Franchise public liability insurance with a company licensed <br />to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” <br />that shall protect the Grantee, City and its officials, officers, directors, employees and agents from <br />claims which may arise from operations under this Franchise, whether such operations be by the <br />Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. <br />This liability insurance shall include, but shall not be limited to, protection against claims arising <br />from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, <br />products and operations. The amount of insurance for single limit coverage applying to bodily and <br />personal injury and property damage shall not be less than Three Million Dollars ($3,000,000). The <br />liability policy shall include: <br /> <br />(a) The policy shall provide coverage on an “occurrence” basis. <br /> <br />(b) The policy shall cover personal injury as well as bodily injury. <br /> <br />(c) The policy shall cover blanket contractual liability subject to the standard universal <br />exclusions of contractual liability included in the carrier’s standard endorsement as to <br />bodily injuries, personal injuries and property damage. <br /> <br />(d) Broad form property damage liability shall be afforded. <br /> <br />(e) City and Commission shall be named as an additional insured on the policy. <br /> <br />(f) An endorsement shall be provided which states that the coverage is primary <br />insurance with respect to claims arising from Grantee’s operations under this Franchise <br />and that no other insurance maintained by the City will be called upon to contribute to a <br />loss under this coverage. <br /> <br />(g) Standard form of cross-liability shall be afforded. <br /> <br />(h) An endorsement stating that the policy shall not be canceled without thirty (30) <br />Days’ notice of such cancellation given to City.