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CC PACKET 03262019
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CC PACKET 03262019
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16 <br /> <br />wireless facility permit, and, without lapse, for a period of three (3) years beyond <br />the expiration or termination of the small wireless facility permit, to the effect that, <br />should occurrences during the term of the small wireless facility permit give rise to <br />claims made after expiration or termination of the small wireless facility permit, <br />such claims shall be covered by such claims-made policies. <br />5. Should any of the required insurance be provided under a form of coverage that <br />includes a general annual aggregate limit or provides that claims investigation or <br />legal defense costs be included in such general annual aggregate limit, such general <br />aggregate limit shall be double the occurrence or claims limits specified herein. <br />C) Indemnity Obligation. Such insurance shall in no way relieve or decrease a permittee’s or <br />its agent’s obligation to indemnify the city pursuant to this Chapter. <br />D) Proof of Insurance. Before the department will issue a small wireless facility permit, an <br />applicant shall furnish to the department certificates of insurance and additional insured <br />policy endorsements with insurers that are authorized to do business in the State of <br />Minnesota and that are satisfactory to the department evidencing all coverages set forth <br />herein. <br />98.140 Indemnification and Defense of city. <br />A) Indemnification of city. As a condition of issuance of a small wireless facility permit, each <br />permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to <br />indemnify, defend, protect, and hold harmless the city from and against any and all claims <br />of any kind arising against the city as a result of the issuance of the small wireless facility <br />permit including, but not limited to, a claim allegedly arising directly or indirectly from the <br />following: <br />1. Any act, omission, or negligence of a permittee or its any agents, successors, or <br />assigns while engaged in the permitting or collocation of any small wireless facility <br />or installation or replacement of any wireless support structure, or while in or about <br />the public right-of-way that are subject to the small wireless facility permit for any <br />reason connected in any way whatsoever with the performance of the work <br />authorized by the small wireless facility permit, or allegedly resulting directly or <br />indirectly from the permitting or collocation of any small wireless facility or <br />installation or replacement of any wireless support structure authorized under the <br />small wireless facility permit; <br />2. Any accident, damage, death, or injury to any of a permittee's contractors or <br />subcontractors, or any officers, agents, or employees of either of them, while <br />engaged in the performance of collocation of any small wireless facility or <br />installation or replacement of any wireless support structure authorized by a small <br />wireless facility permit, or while in or about the public right-of-way that are subject <br />to the small wireless facility permit, for any reason connected with the performance <br />of the work authorized by the small wireless facility permit, including from <br />exposure to radio frequency emissions; <br />49
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