4.20.107.8.1. Franchisee's insurance coverage shall be primary with respect to city, its officers, boards and board members, commissions and commission members, agents, consultants, volunteers, and employees. Any insurance or self-insurance maintained by the city shall apply in excess of and not contributory with insurance provided by franchisee's policy.
4.20.107.8.2. Insurers shall have no right of recovery or subrogation against city except in matters of sole negligence on the part of the city, as finally adjudicated, (including its officers, boards and board members, commissions and commission members, employees, volunteers, and other agents and agencies); it shall be the intention of the city and the franchisee that the insurance policies so effected shall protect both parties and be primary coverage for any and all loss covered by the above-described insurance.
4.20.107.8.6 The limits of liabilities of the insurance policies set forth in Section 4.20.107.3.1 shall not define or limit the franchisee's defense and indemnification obligations under the ordinance codified in this title or otherwise arising as a matter of law or equity. (Ord. 205 § 3, 2001)