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D. In fulfilling its obligation to defend and indemnify City, Company shall have the <br />right to select defense counsel, subject to City's approval, which will not be unreasonably <br />withheld. Company shall retain defense counsel within seven (7) business days of City's <br />written notice that City is invoking its right to indemnification under this franchise. If Company <br />fails to retain counsel within such time period, City shall have the right to retain defense counsel <br />on its own behalf, and Company shall be liable for all reasonable defense costs incurred by City, <br />except as otherwise provided in section 4.13 and 4.C. <br />SECTION 5. LIABILITY INSURANCE. <br />Company shall, at its sole cost and expense, obtain, maintain, or cause to be <br />maintained, and provide, throughout the term of this Franchise, insurance in the amounts, types <br />and coverage's in accordance with the following requirements. Such insurance may be in the <br />form of self- insurance to the extent permitted by applicable law or by obtaining insurance, as <br />follows: <br />A. Commercial general or excess liability on an occurrence or claims made form <br />with minimum limits of five million dollars ($5,000,000) per occurrence and ten <br />million dollars ($10,000,000) aggregate. This coverage shall include the <br />following: <br />(1) Products /completed operations to be maintained for the warranty period. <br />(2) Personal and advertising injury. <br />(3) Contractual liability. <br />(4) Explosion, collapse, or underground (XCU) hazards. <br />B. Automobile liability coverage with a minimum policy limit of one million dollars <br />($1,000,000) combined single limit each accident. This coverage shall include all <br />owned, hired and non -owned automobiles. <br />C. Workers compensation and employers liability coverage. Statutory coverage <br />limits for Coverage A and five hundred thousand dollars ($500,000) bodily injury <br />each accident, five hundred thousand dollars ($500,000) each employee bodily <br />injury by disease, and five hundred thousand dollars ($500,000) policy limit bodily <br />injury by disease Coverage B employers' liability are required. Company must <br />provide the City with a waiver of subrogation for worker's compensation claims. <br />D. Company must name the City, which includes all authorities, commissions, <br />divisions and departments, as well as elected and appointed officials, agents, <br />and volunteers, as an additional insured under the coverage required herein, <br />4 <br />