8G Consent 2007 0618 - Laserfiche WebLink

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AGRFF\!}::'1\rr & LI O~SE ( con t inued ) Page 3 (2) Definition of "bodily injuries" shall be e)qxmded to include mental injury and personal injury endorsement (including invasion of Rights of Privacy) shall be attached; (3) The policy must cover complete contractual liability; exclusions of contractual liability as to bodily injuries, personal injuries, and property damage must be eltminated fram the basic policy and endorsenents; and (4) BROAD FOR~, either domestic or Lloyd's form, property damage liability must be afforded. c. Self Insurance. The PARK has the right and option to self-insure the insurance required under this paragraph 5 by written notice to CITY that PARK assunes the obligations in the place and stead of any insurance carrier, any reference to failure of coverage notwithstanding. Certificates of Insurance. Certificates showing such public liability insurance to be in force shall be furnished to CITY. Thirty (30) days' notice of any change or cancellation of coverage shall be provided to CITY. The forms of all such insurance policies and the insurance companies issuing such l)Qlicies shall be subject to the approval of CITY and its insurance advisors. " FaiIure of Coverage. Failure, inability, or refusal of' P.AR.KS to take out and maintain during the entire term of this license any or all of the insurance as aforesaid shall at the option of CITY constitute an nnnediate breach of this license. Revisions. As circumstances change during the life of this license, CITY may from time to time require and PARKS agrees to provide, revisions in the foregoing insurance requirements sufficient in CITY'S opinion to provide adequate protection for both CITY and PARKS. 6. Attorney Fees. In the event CITY shall bring suit to canpel performance of or to recover for breach of any covenant, agreement, or condition herein contained and shall prevail in said" suit, PARKS agrees to pay CITY'S reasonable attorney's fees in addition to the amount of the judgment and costs. 7. Prior Title Rights. All rights herein given to PA.,-q}{S are subject to all existing rights, rights of way, reservations, and easements by ~nomsoever held in and to said real property. 8. Assignment. No rights of PARK..S hereunder shall be transferred or assigned unless the written consent of CITY is first secured, provided that PARKS lnay asSign its rights hereunder to any successor public agency. With that exception, this agreement and each and all of the covenants herein contained shall inure to the bene- fit of and be binding upon the successors and assigns of the respective parties hereto. 9. Termination. If PARKS shall fail to construct .'the trail and place it in operation within a period of t\ro (2) years from the date of this agreEment, or after placing the trail jn operation, PARK at any time abandons the trail or any portion r