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Metricom shall defend and indemnify the City, and its officers and employees, even in <br /> the case of negligence, unless the allegations allege (a) independent negligence on the <br /> part of the City, its officers and employees or (b) a wrongful act or omission on the part <br /> of the Citv or its officers or employees. Metricom shall also defend and indemnify the <br /> City, its officers and employees, even in the case of negligence, if the allegations are <br /> based on the City's or its officers or employees' negligence or otherwise wrongful act <br /> or omission in issuing a permit to Metricom or approving this Use Agreement, or in <br /> failing to properly or adequately inspect or enforce compliance with the terms, <br /> conditions or purpose of any permit issued to Metricom. <br /> 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes <br /> of action, and rights it may assert against the City on account of any loss, <br /> damage, or injury to any Radio or any loss or degradation of the Services <br /> as a result of any event or occurrence which is beyond the reasonable <br /> control of the City or on account of City's exercise of its regulatory or <br /> police powers. <br /> 6.2 Limitation of City's Liability. The City shall be liable only for the cost of <br /> repair to damaged Radios arising from the negligence or willful <br /> misconduct of City, its employees, agents, or contractors. <br /> 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this <br /> Use Agreement Commercial General Liability insurance and Commercial Automobile <br /> Liability insurance protecting Metricom in an amount not less than One Million Dollars <br /> ($1,000,000) per occurrence (combined single limit), including bodily injury and <br /> property damage, and in an amount not less than One Million Dollars ($1,000,000) <br /> annual aggregate for each personal injury liability and products-completed operations. <br /> The Commercial General Liabilih, insurance policy shall name the City, its council <br /> members, officers, and emplovees as additional insureds as respects any covered <br /> liability arising out of Metricom's performance of work under this Use Agreement. <br /> Coverage shall be in an occurrence form and in accordance with the limits and <br /> provisions specified herein. Claims-made policies are not acceptable. Such insurance <br /> shall not be canceled, nor shall the occurrence or aggregate limits set forth above be <br /> reduced, until the Citv has received at least thirty (30) days' advance written notice of <br /> such cancellation or change. Metricom shall be responsible for notifying the City of <br /> such change or cancellation. Prior to any five(5)-year renewal term, pursuant to Section <br /> 2 of this Use Agreement, the City may request and the parties shall bargain in good <br /> faith to increase the above minimum insurance amounts, if such an increase is <br /> warranted by industry standards or specific identified risk. Such increase, if any, shall <br /> not be effective until the commencement of such renewal term. <br /> 7.1 Filing of Certificates and Endorsements. Prior to the commencement of <br /> any work pursuant to this Use Agreement, Metricom shall file with the <br /> Right-of-Wav Permit and Facility Use Agreement <br /> Gt_y of St.Anthony::Metricom,Inc. <br /> Page 10 of 15 <br />