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B Business automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all owned vehicles used for the Permitted Activities, hired and non -owned vehicles, and employee non -ownership vehicles. Miller shall be Miller as an additional insured and the insurance policy shall include a provision requiring thirty (30) days prior written notification to Miller of any proposed lowering of coverage limits or cancellation of the policy Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by Miller A certificate of insurance and the corresponding blanket additional insured endorsements shall be delivered to Miller prior to commencement of any of the Permitted Activities. C. Commercial general liability insurance with carriers rated at least A minus by AM Best. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. Miller shall be Miller as an additional insured and the insurance policy shall include a provision requiring thirty (30) days prior written notice to Miller of any proposed lowering of coverage limits or cancellation of the policy Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by Miller A certificate of insurance and the corresponding blanket additional insured endorsements shall be delivered to Miller prior to commencement of any of the Permitted Activities. 7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the Permitted Activities No amendment of this Agreement shall be binding upon a Party unless made in writing and signed by the Parties 8 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 9 Termination. Either Party may terminate this Agreement upon five (5) calendar days prior written notice to the other Party specifying its intention to terminate this Agreement and setting forth the termination date; provided however, if Miller determines that City is in breach of any provision of this Agreement, or that the actions of City, or its employees, contractors, or agents jeopardize the public health, safety or welfare, Miller shall have the right to notify City in writing of Miller's immediate suspension or termination of this Agreement. 10 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 11 Notices. Alt notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice) 2 L•\ca\djm\Agreements\Miller & Associates Right of Entry Agreement.doc.jn