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ADDENDUM A <br />Non - Exclusive Wireless Facilities Franchise Agreement <br />SELF INSURANCE <br />This Addendum A to Non - Exclusive Wireless Facilities Franchise Agreement ( "Addendum A ") is made <br />and entered into as of the day of , 2021 by and between the City of <br />Portsmouth, Virginia, a political subdivision of the Commonwealth of Virginia (hereinafter the "City ") and <br />SQF, LLC, a Delaware limited liability company (hereinafter "Grantee "), having an office at <br />WHEREAS, the parties have entered into a Non - Exclusive Wireless Facilities Franchise Agreement <br />permitting the Grantee to use rights -of -way and related facilities for the construction, maintenance, <br />replacement, upgrading and supplementing of Wireless Facilities, under the terms and conditions set <br />forth therein (the "Base Agreement "); and <br />WHEREAS, the parties execute this Addendum A for the purpose of amending and restating Section 18 <br />("Insurance Requirements ") of the Base Agreement; <br />NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City <br />and Grantee agree as follows: <br />1. The terms of this Addendum A are incorporated into the Base Agreement as if set forth therein. <br />2. Section 18 ( "Insurance Requirements ") of the Base Agreement is amended and restated as follows: <br />Section 18: Insurance Requirements. <br />18.1 Requirement of Insurance. Grantee shall, at its expense, obtain and maintain during the life of <br />this Agreement the insurance and bond required by this Agreement. Any required insurance shall <br />be effective prior to the beginning of any work by Grantee within the City. Grantee may, in its <br />sole discretion, self- insure any of the required insurance under the same terms required by this <br />Section 18 of the Agreement as long as it (or an affiliated parent company that has bound itself to <br />the City to provide self- insurance hereunder) maintains a financial net worth of at least <br />$100,000,000. <br />18.2 Commercial General Liability. Grantee shall maintain during the life of this Agreement <br />Commercial General Liability insurance coverage, as per form ISO CGL 00 01 or equivalent, on <br />an occurrence basis insuring against claims, loss, cost, damage, expense or liability from loss of <br />life or damage or injury to persons or property arising out of any of the work or activity under or by <br />virtue of this Agreement. The limits of liability for this coverage shall be $2,000,000 combined <br />single limit for any one occurrence and in the aggregate. <br />18.3 Contractual Liability. Grantee shall maintain during the life of this Agreement Contractual Liability <br />coverage. <br />18.4 Workers' Compensation. Grantee shall maintain during the life of this Agreement Workers' <br />Compensation insurance covering Grantee's statutory obligation under the laws of the <br />Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in <br />work under this Agreement. <br />18.5 Automobile Liability. Grantee shall maintain during the life of this Agreement Automobile Liability <br />insurance. The limit of liability for such insurance shall be $1,000,000 combined single limit <br />applicable to owned or non -owned vehicles used in the performance of any work under this <br />Agreement. <br />18.6 Umbrella/Excess Coverage. The insurance coverages and amounts set forth in subsections 18.2- <br />18.5 may be met by an umbrella/excess liability policy following the form of the underlying primary <br />coverage in an amount of $5,000,000. Grantee may use any combination of primary and excess <br />