Agmt 2006 Alameda County Fire Department ACFD etc

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other regulatory entity, whether presently in effect or subsequently adopted, and whether or not in the contemplation of the parties. Licensee shall, at its sole expense, also procure and maintain in force at all times during its use of the property all business and other licenses or approvals necessary to conduct the activities allowed hereunder. Nothing herein shall limit in any way Licensee's obligation to obtain any required regulatory approvals from Alameda County departments, City of San Leandro, boards or commissions or other governmental regulatory authorities. 10. PUBLIC SAFETY. Licensee shall use and exercise due care, caution, skill and expertise in performing all work under this Agreement and shall take all reasonable steps to safeguard classroom areas, including without limitation existing facilities and property with full regard to the public safety and to observe all applicable regulations and requests of the County, City of San Leandro and other government agencies responsible for public safety. 11. CITY AND DISTRICT'S RIGHT TO CURE DEFAULTS BY LICENSEE. If Licensee defaults in the performance of any of its obligations under this Agreement, City and District may, at its sole option, remedy such failure for Licensee's account and at Licensee's expense by providing Licensee with three (3) hours prior written or oral notice of District's intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by District). Such action by District shall not be construed as a waiver of any rights or remedies of District under this Agreement, and nothing herein shall imply any duty of District to do any act that Licensee is obligated to perform. Licensee shall pay to District upon demand, all costs, damages, expenses or liabilities incurred by District, including, without limitation, reasonable attorneys' fees and costs, in remedying or attempting to remedy such default. Licensee's obligations under this Section shall survive the expiration or termination of this Agreement. 12. USE CHARGE: Licensee recognizes the value to its students and educational program that use of the District's training facility represents and that there are costs associated with the maintenance arid operation of said facility. Licensee will pay $5,000.00 per year to the District. This fee will be for each fiscal year (July through June), and the first payment will be for the 2006-2007 Fiscal Year. 13. INSURANCE. Licensee agrees to maintain in full force and affect the following policies of insurance during the term of this Agreement: COVERAGE Commercial general liability, including comprehensive, independent contractors, contractual, personal injury, and broad form property damage, products/completed operations, premises/operations and explosion/collapse and underground hazard. LIMITS OF LIABILITY Bodily Injury: $5,000,000 each occurrence $10,000,000 aggregate Property Damage: $5,000,000 each occurrence Personal Injury: $5,000,000 each occurrence $10,000,000 aggregate 4