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collocating person to collocate on its poles at annual rates of no more than $200 per year <br /> per municipal utility pole,with rates to be determined upon final resolution of the dispute. <br /> 11. INDEMNIFICATION. A wireless provider shall indemnify and hold the City harmless <br /> against any and all liability or loss from personal injury or property damage resulting from <br /> or arising out of, in whole or in part, the use or occupancy of the City improvements or <br /> right-of-way associated with such improvements by the wireless provider or its employees, <br /> agents, or contractors arising out of the rights and privileges granted under this Code and <br /> the Small Wireless Facilities Deployment Act, as amended. A wireless provider has no <br /> obligation to indemnify or hold harmless against any liabilities and losses as may be due <br /> to or caused by the sole negligence of the City or its employees or agents. A wireless <br /> provider shall further waive any claims that they may have against the City with respect to <br /> consequential, incidental, or special damages, however caused, based on the theory of <br /> liability. <br /> 12. INSURANCE. The wireless provider shall carry, at the wireless provider's own cost and <br /> expense,the following insurance: <br /> A. Property insurance for its property's replacement cost against all risks; <br /> B. Workers' compensation insurance, as required by law; <br /> OR <br /> C. Commercial general liability insurance with respect to its activities on the City <br /> improvements or rights-of-way to afford minimum protection against limits <br /> consistent with its requirements of other users of City improvements or rights-of- <br /> way, including coverage of bodily harm and property damage. <br /> The wireless provider shall include the City as an additional insured on commercial <br /> general liability policy and provide certification and documentation of inclusion of <br /> the City in a commercial general liability policy prior to the collocation of any <br /> wireless facility. <br /> A small wireless provider may self-insure all or portion of the insurance coverage <br /> and limit requirement required by the City. A wireless provider that self-insures is <br /> not required,to the extent of the self-insurance,to comply with the requirement for <br /> the name of additional insureds under this Section. A wireless provider that elects <br /> to self-insure shall provide to the City evidence sufficient to demonstrate its <br /> financial ability to self-insure the insurance coverage limits required by the City. <br /> 13. SEVERABILITY. If any provision of this Ordinance or application thereof to any person <br /> or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not <br /> 14 <br />