R2012-146 APPROVING AGREEMENT ARCHER DANIELS MIDLAND COMPANY

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4. During the term of this License, ADM shall maintain the following insurance policies with ADM as the named insured: (1) Commercial General Liability Insurance, written on an occurrence basis, including premises-operations, contractual liability, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" Coverage) and products-completed operations coverage with limits not less than: (i) Five Million Dollars ($5,000,000) for bodily injury or death to each person; (ii) Five Million Dollars ($5,000,000) for property damage resulting from any one accident; (iii) Five Million Dollars ($5,000,000) for all other types of liability; (iv) Ten Million Dollars ($10,000,000) for general aggregate and completed operation aggregate. (2) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of one million dollars ($1,000,000) for personal injury and property damage for each accident; (3) Worker's Compensation with statutory limits; and (4) Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) for (a) Each Accident; (b) Disease — policy limit; and (c) Disease — each employee. The City of Decatur and its elected and appointed officers, officials, agents, and employees shall be named as additional named insureds on the policies described at (1) and (2) above for purposes of liability arising from or related to the overhead conveyor system. (a) Excess Umbrella Policies: The coverage required by this Section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy,the excess or umbrella policy becomes effective to cover any such loss. (b) Copies Required. ADM shall provide copies of any of the policies required by this Section to the City of Decatur within ten (10) days following receipt of a written request therefore from the City of Decatur. Certificates of Insurance may be requested in lieu of policies and must evidence all requirements set forth in this Section. (c) Maintenance and Renewal of Required Coverage. The insurance policies required by this Section shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City of Decatur, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City Manager of such intent to cancel or not to renew." Within ten (10) days after receipt by the City of Decatur of said notice, and in no event later than ten (10) days prior to said cancellation, ADM shall obtain and furnish to the City of Decatur evidence of replacement insurance policies meeting the requirements of this Section. (d) Self-Insurance. ADM may self-insure all or a portion of the insurance coverage and limit requirements required by this Section. If ADM self-insures, it is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insured under Subsection (a), or the requirements of Subsections (b), (c) and (d) of this Section. If ADM elects to self-insure, it shall provide to the City of Decatur evidence sufficient to Page 2 of 4 #71552-v3