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Such insurance may be in the form of self - insurance to the extent permitted by applicable law or <br />by obtaining insurance, as follows: <br />A. Commercial general or excess liability on an occurrence or claims made form with <br />minimum limits of five million dollars ($5,000,000) per occurrence and ten million <br />dollars ($10,000,000) aggregate. This coverage shall include the following: <br />(1) Products /completed operations to be maintained for a warranty period <br />of 2 years, <br />(2) Personal and advertising injury, <br />(3) Contractual liability, and <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 workers <br />compensation benefits in accordance with the statutes and regulations of the State of <br />Texas. Company must provide the City with a waiver of subrogation for workers <br />compensation claims. <br />D. Any contractors or subcontractors working in the Public Right -of -Way on behalf of <br />Company are agents of Company. Company shall remain the responsible party for <br />damage to and/or in the Public Right -of -Way resulting from any work of Company or <br />its agents. City shall submit claims for any such damage to the Public Right -of -Way <br />to Company. Upon request, Company shall provide the City with proof of insurance <br />for any of Company's contractors or sub - contractors that perform work in the Public <br />Right -of -Way. <br />E. The Company will provide proof of insurance in accordance with this Franchise <br />within thirty (30) days of the effective date of the Franchise. Company will not be <br />required to furnish separate proof when applying for permits. <br />SECTION 6. INSTALLATION OF METER. <br />If a meter is to be installed in or near the Public Right -of -Way, Company agrees to <br />discuss with the City's representative the aesthetics of the meter placement and to accommodate <br />the request of City to the maximum extent possible. If City requests a meter upgrade, Company <br />Page 9 <br />4340964.4 <br />