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R98-85 AUTHORIZING NEGOTIATION AND EXECUTION OF AGREEMENT
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R98-85 AUTHORIZING NEGOTIATION AND EXECUTION OF AGREEMENT
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4/12/2016 10:11:12 AM
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Resolution/Ordinance
Res Ord Num
R98-85
Res Ord Title
AUTHORIZING NEGOTIATION AND EXECUTION OF AGREEMENT - TRANSIT MANAGEMENT SYSTEM
Approved Date
6/29/1998
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15. As a self-insurer, the City will have the same obligations to defend and protect ATE <br /> � and TMD as a third-party insurer would have under standard policies of automobile and general <br /> liability insurance. <br /> 16. If requested by the City, TMD shall furnish fire and extended damage coverage in the <br /> amount of the full insurable value of each transit coach in the transit system with a deductible <br /> clause not to exceed $5,000.00. <br /> 1 I <br /> 7. n addition to the above s ecified forms of insurance covera e to be in effect durin <br /> P g g <br /> the term of this Agreement, TMD shall obtain any other insurance coverage which is customarily <br /> maintained by the transit industry with respect to similar transit operations. <br /> 18. All insurance policies shall by their terms or by specific endorsement designate the <br /> City and ATE and TMD as co-insureds. City shall reimburse TMD for the premium or other <br /> expense to ATE arising from the furnishing by TMD of the bonds and contracts of insurance <br /> required by this Agreement. The City hereby releases and agrees to hold ATE and TMD and <br /> their employees harmless from and against any and all liability for loss of or damage to the <br /> vehicles or other properties of the City and the City hereby waives on behalf of itself and its <br /> insurer any and all rights of subrogation against ATE or TMD or their employees. <br /> 19. For those risks not covered by the contract or insurance maintained pursuant to this <br /> Agreement, the City shall, at City's own expense, defend all claims and suits that may be brought <br /> against ATE or TMD or any of their employees on account of, or in connection with, or by <br /> reason of any damage or injury to life, limb or property connected with, growing out of or caused <br /> by any act or omission to act of Operator or any employee of ATE or TMD in or about the <br /> management or operation of said transit system or facilities hereunder and shall save and keep <br /> harmless ATE or TMD and their employees from any and all damages, judgments, costs and <br /> 7 <br />
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