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RIDER TO NON - EXCLUSIVE WIRELESS FACILITIES FRANCHISE AGREEMENT <br />THIS RIDER TO NON - EXCLUSIVE WIRELESS FACILITIES FRANCHISE AGREEMENT <br />(the "Rider ") is made as of the _ day of , 2019, and is attached to, incorporated into <br />and forms a part of that certain Non - Exclusive Wireless Facilities Franchise Agreement of even <br />date herewith (the "Franchise Agreement ") between the City of Portsmouth, Virginia, a political <br />subdivision of the Commonwealth of Virginia (the "City ") and Cellco Partnership d /b /a Verizon <br />Wireless (the "Grantee "). Any capitalized terms used in this Rider that have not been assigned a <br />separate meaning herein shall have the meaning assigned to those terms in the Franchise <br />Agreement. The parties hereby modify the Franchise Agreement as follows: <br />1. Compensation. With reference to Subsection 7(d), the parties agree that the <br />maximum annual user fee currently permitted by law is $270 per Wireless Support Structure for <br />new Wireless Support Structures placed within the Public way. <br />2. Insurance Requirements. The following changes are made to Section 18, <br />"Insurance Requirements" on page 6 of the Franchise Agreement: <br />Subsection 18.2 entitled "Commercial General Liability" is amended to <br />read in its entirety as follows: <br />Commercial General Liability. Grantee shall maintain during the life of <br />this Agreement Commercial General Liability insurance coverage on an <br />occurrence basis insuring against all claims, loss, cost, damage, <br />expense or liability from loss of life or damage or injury to persons or <br />property arising out of Grantee's work or activities provided under or by <br />virtue of this Agreement. The limits of liability for this coverage shall be <br />$5,000,000 per occurrence for bodily injury and property damage and <br />$5,000,000 general aggregate including contractual liability. <br />Subsection 18.3 entitled "Contractual Liability" is deleted in its entirety. <br />iii. Subsection 18.4 entitled "Workers' Compensation" is amended to read in <br />its entirety as follows: <br />Workers' Compensation. Grantee shall maintain during the life of this <br />Agreement Workers' Compensation insurance covering Grantee's <br />statutory obligation under the laws of the Commonwealth of Virginia and <br />Employer's Liability insurance with a limit of $1,000,000 each <br />accident /disease /policy limit for all its employees engaged in work under <br />this Agreement. <br />iv. Subsection 18.5 entitled "Automobile Liability is amended to read in its <br />entirety as follows: <br />Automobile Liability. Grantee shall maintain during the life of this <br />Agreement Commercial Automobile Liability insurance in the amount of <br />.$1,000,000 combined single limit each accident for bodily injury and <br />property damage covering all owned or non -owned vehicles used in the <br />performance of any work under this Agreement. <br />Subsection 18.6 entitled "Umbrella Coverage" is amended to read in its <br />entirety as follows: <br />Umbrella Coverage. Excess /Umbrella Liability with a limit of $5,000,000 <br />-13- <br />