(A) A permittee shall obtain and maintain in full force and effect for the duration of a permit the following insurance covering all insurable risks associated with its ownership or use of its telecommunications system:
(1) A comprehensive general liability insurance policy, including completed operations liability, independent contractors liability, contractual liability coverage and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, in an amount not less than $10,000,000;
(2) An automobile liability insurance policy covering any vehicles used in connection with its activities under its permit in an amount not less than $1,000,000; and
(3) Worker’s compensation and employer’s liability insurance with statutory limits.
(B) The township shall be named as an additional insured in all applicable policies. All insurance policies shall provide that they shall not be canceled or modified unless 30 days’ prior written notice is given to the township. A permittee shall provide the township with a certificate of insurance evidencing the coverage as a condition of issuance of the permit and shall maintain on file with the township a current certificate. All insurance shall be issued by insurance carriers licensed to do business by the state or by surplus line carriers on the State Insurance Commission approved list of companies qualified to do business in the state. All insurance and surplus line carriers shall be rated A+ or better by A.M. Best Company.
(C) Each policy which is to be endorsed to add the township as an additional insured hereunder, shall contain cross-liability wording, as follows: “In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover the insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder.”
(D) If the insurance policies required by this section are written with deductibles in excess of $50,000, the deductibles shall be approved in advance by the township. A permittee agrees to indemnify and save harmless the township from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this subchapter.
(E) The permittee shall require that its contractors and subcontractors working in public utility easements and rights-of-way carry in full force and effect worker’s compensation and employer liability, comprehensive general liability and automobile liability insurance coverages of the types which permittee is required to obtain under this section with appropriate limits of coverage.
(F) The permittee’s insurance coverage shall be primary insurance with respect to the township, its officers, agents, employees, elected and appointed officials, departments, boards and commissions. Any insurance or self-insurance maintained by any of them shall be in excess of the permittee’s insurance and shall not contribute to it.
(Prior Code, § V-2.10)