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been designated or planned for other use or are not otherwise proprietary, legal or subject to other limitations or restrictions as may be reasonably determined by Chesapeake. In the event such exclusions conflict with reasonable requirements of Portsmouth, Chesapeake will cooperate in good faith with Portsmouth to attempt to find suitable alternatives, if available, provided that Chesapeake shall not be required to incur financial costs nor require Chesapeake to acquire new locations for Portsmouth. Portsmouth shall, prior to any excavation or installation within the public streets or public rights -of -way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights -of -way as may be provided for by a separate Chesapeake policy. However, any such joint installer and/or potential users shall be subject to the requirements of obtaining a separate franchise agreement as determined by Chesapeake. Such notification and adopted policies shall be designed to maximize co- location of providers to minimize the disturbance to the public streets or public rights -of- way and maximize its useable capacity. Section 3.12 Insurance Requirements. At all times during the term of this Agreement and any renewal period, Portsmouth shall, at its expense, maintain the following insurance policies. Any required insurance shall be in a form and with an insurance company eligible to do business in the Commonwealth of Virginia and have a rating of no less than "A" by A.M. Best Co. A. Commercial General Liability. Commercial General Liability insurance including contractual liability coverage on an occurrence basis insuring against claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The limits of liability for such coverage shall be Two Million Dollars ($2,000,000) combined single limit for any one occurrence and in the aggregate. However, the parties acknowledge that Portsmouth may meet the policy limit in this section by combination of Portsmouth's General Commercial Liability Policy and Portsmouth's Umbrella or Excess Liability Policy. B. Contractual Liability. Broad form Contractual Liability insurance, including the indemnification obligations of Portsmouth set forth in this Agreement. C. Workers' Compensation. Workers' Compensation insurance covering Portsmouth's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall have a minimum limit of a $1,000,000 in coverage for all its employees engaged in work under this Agreement with additional excess worker's compensation insurance to fulfill the statutory requirements of the Virginia Workers' Compensation Act. D. Automobile Liability. Automobile Liability insurance having limits of liability of One Million Dollars ($1,000,000) combined single limit per occurrence applicable to owned or non -owned vehicles used in the performance of any work under this Agreement.