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designated or planned for other use or are not otherwise proprietary, legal or subject to <br />other limitations or restrictions as may be reasonably determined by Portsmouth. In the <br />event such exclusions conflict with reasonable requirements of Chesapeake, Portsmouth <br />will cooperate in good faith with Chesapeake to attempt to find suitable alternatives, if <br />available, provided that Portsmouth shall not be required to incur financial costs nor require <br />Portsmouth to acquire new locations for Chesapeake. Chesapeake shall, prior to any <br />excavation or installation within the public streets or public rights -of -way, provide <br />sufficient notification and joint installation opportunity on a shared cost basis to potential <br />users of the public streets or public rights -of -way as may be provided for by a separate <br />Portsmouth policy. However, any such joint installer and /or potential users shall be subject <br />to the requirements of obtaining a separate franchise agreement as determined by <br />Portsmouth. Such notification and adopted policies shall be designed to maximize co- <br />location of providers to minimize the disturbance to the public streets or public rights -of- <br />way and maximize its useable capacity. <br />Section 4.12 Insurance Requirements. At all times during the term of this Agreement and any <br />renewal period, Chesapeake shall, at its expense, maintain the following insurance policies. Any <br />required insurance shall be in a form and with an insurance company eligible to do business in the <br />Commonwealth of Virginia and have a rating of no less than "A" by A.M. Best Co. <br />A. Commercial General Liability. Commercial General Liability insurance including <br />contractual liability coverage on an occurrence basis insuring against claims, loss, cost, <br />damage, expense or liability from loss of life or damage or injury to persons or property <br />arising out of any of the work or activity under or by virtue of this Agreement. The limits <br />of liability for such coverage shall be Two Million Dollars ($2,000,000) combined single <br />limit for any one occurrence and in the aggregate. However, the parties acknowledge that <br />Chesapeake may meet the policy limit in this section by combination of Chesapeake's <br />General Commercial Liability Policy and Chesapeake's Umbrella or Excess Liability <br />Policy. <br />B. Contractual Liability. Broad form Contractual Liability insurance, including the <br />indemnification obligations of Chesapeake set forth in this Agreement. <br />C. Workers' Compensation. Workers' Compensation insurance covering Chesapeake's <br />statutory obligation under the laws of the Commonwealth of Virginia and Employer's <br />Liability insurance shall have a minimum limit of a $1,000,000 in coverage for all its <br />employees engaged in work under this Agreement with additional excess worker's <br />compensation insurance to fulfill the statutory requirements of the Virginia Workers' <br />Compensation Act. <br />D. Automobile Liability. Automobile Liability insurance having limits of liability of One <br />Million Dollars ($1,000,000) combined single limit per occurrence applicable to owned or <br />non -owned vehicles used in the performance of any work under this Agreement. <br />