EXHIBIT E

INSURANCE REQUIREMENTS FOR CREATIVE INDUSTRY PRODUCTIONS

AT Austin Energy Power Production Facilities

A. Contractor shall carry insurance in the following types and amounts for the duration of

this Agreement, and furnish certificates of insurance as evidence thereof.

1. Commercial General Liability insurance with a minimum bodily injury and

property damage per occurrence limit of $1,000,000 for coverages A & B. The

policy shall contain the following provisions:

a. Blanket contractual liability coverage for liability assumed under this

contract.

b. Medical expense coverage with a limit of $10,000 for any one person.

c. The CITY shall be listed as additional insured.

d. Thirty (30) day notice of cancellation in favor of the CITY.

e. Waiver of Transfer of Right of Recovery Against Others in favor of the

CITY.

f. Fire Legal Liability with minimum limits of $50,000.

2. Business Automobile Liability Insurance for all owned, non-owned, and hired

vehicles with a minimum combined single limit of $1,000,000 per occurrence for

bodily injury and property damage. An additional insured endorsement, TE

9901B shall be attached to the policy in favor of the CITY.

3. Workers' Compensation and Employers Liability coverage with limits consistent

with statutory benefits outlined in the Texas Workers’ Compensation Act (Sec.

401.) with minimum policy limits for employers liability of $1,000,000 bodily injury

each accident, $1,000,000 bodily injury by disease policy limit and $1,000,000

bodily injury by disease each employee. The following endorsements shall be

added to the policy:

a. A Waiver of Subrogation in favor of the City of Austin, form WC 420304

b. A 30 day Notice of Cancellation/Material Change in favor of the City of

Austin, form WC 420601

General Requirements

1) This Agreement shall not be effective until Contractor has obtained the required insurance

and until such insurance has been reviewed by the CITY. Approval of insurance by the CITY

shall not relieve or decrease the liability of Contractor hereunder.

2) If insurance policies are not written for amounts specified above, Contractor shall carry

Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess

Liability Insurance is provided, it shall follow the form of the primary coverage.

3) Contractor shall be responsible for deductibles and self-insured retentions, if any, stated in

policies. All deductibles or self-insured retentions shall be disclosed on the certificates of

insurance required above.

4) Any coverage written on a “claims made” basis shall carry a retroactive date that coincides

with the date of this Agreement. This insurance shall be maintained for the duration of this

Agreement and for six months following completion of the services under this Agreement.

The premium for any extended reporting period shall be paid for by the policy holder.

5) Insurance shall be written by companies in good standing with the Texas Department of

Insurance and shall be written by companies with an A.M. Best rating of B+VII or better or

otherwise acceptable to the CITY.

6) The "other" insurance clause shall not apply to the Owner where the CITY is additional

insureds shown on any policy. It is intended that policies required in this Agreement,

covering the CITY and Contractor shall be considered primary coverage as applicable.

7) All additional insureds and thirty (30) day notice of cancellation endorsements as well as

certificates shall indicate: The City of Austin, Austin Energy, Austin, Texas 78719.

8) The CITY shall be entitled, upon request and without expense, to receive certified copies of

policies and endorsements thereto and may make any reasonable requests for deletion or

revision or modification of particular policy terms, conditions, limitations, or exclusions except

where policy provisions are established by law or regulations binding upon either of the

parties hereto or the underwriter on any such policies.

9) The CITY reserves the right to review insurance requirements of this section during the

effective period of this Agreement and to make reasonable adjustments to insurance

coverages and their limits when deemed necessary and prudent by the CITY based upon

changes in statutory law.

10) Contractor shall provide the CITY thirty (30) days written notice of erosion of aggregate limits

below occurrence limits for all applicable coverages indicated within the Insurance

Requirements section of this Agreement.

11) Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse

during the term of this Agreement.

12) Actual losses not covered by insurance as required by the Agreement shall be paid by

Contractor.