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• $500,000—Bodily Injury by Accident. <br /> 11.4 Additional Insurance Conditions <br /> 11.4.1 The insurance policy(s) required under this Contract shall be primary and non- <br /> contributory to any other valid and collectible insurance available to the City with <br /> respect to any claim arising out of performance under this Contract. <br /> 11.4.2 The insurance policy(s),excluding worker's compensation and,if applicable umbrella, <br /> and Certificate(s) of Insurance required under this Contract shall contain a provision <br /> that coverage afforded under the policy(s)shall not be cancelled without at least thirty <br /> (30) days advanced written notice to City, or ten (10) days for non-payment of <br /> premium. Words modifying the cancellation clause such as "endeavor to" provide <br /> notice or similar phrases will be unacceptable and must be stricken. <br /> 11.4.3 The insurance policy(s)required under this Contract shall include legal defense fees in <br /> addition to its liability policy limits;and <br /> 11.4.4 The insurance policy(s)required under this Contract shall have an"AM BEST"rating <br /> of A- (minus); Financial Size Category (FSC) VII or better and authorized to do <br /> business in the State of Minnesota. <br /> 11.4.5 Failure to maintain the insurance policy(s)required under this Contract that are not in <br /> compliance with the insurance requirements will constitute a material default.The City <br /> reserves all rights to pursue any legal remedies against any Hauler. <br /> 11.4.6 Hauler and its subcontractor(s),if any,shall furnish the certificates of insurance naming <br /> the City as an additional insured as required above prior to performing any duties on <br /> Hauler's behalf. <br /> 11.4.7 It shall be the responsibility of the Hauler to provide similar insurance for each <br /> subcontractor or to provide evidence that each subcontractor carries such insurance in <br /> like amount prior to the time such subcontractor proceeds to perform under the <br /> Contract. <br /> 12 Default,Termination,and Mediation <br /> 12.1 Default and Termination <br /> 12.1.1 The following events shall be considered a material default of this Contract: <br /> a. If a Hauler fails to perform or unnecessarily delays any of the services or obligations <br /> to be performed under this Contract; <br /> b. If a Hauler assigns or transfers this Contract without the City's prior written <br /> consent; <br /> c. If a Hauler files for bankruptcy or is adjudged bankrupt, unless such action will <br /> cause no disruption to Services; <br /> A-30 <br /> MU210\313\963095.v4 <br />