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SITE NAME SF_39195
<br />SITE NUMBER: CA- SVO0932A
<br />Prior to the Tetra. Commencement Date, Licensee shall deliver to City certificates of insurance in form and
<br />with insurers satisfactory to City, evidencing the coverages required hereunder. In the event Licensee shall fail to
<br />procure such insurance, or to deliver such certificates, Licensor may procure, at its option, the same for the account
<br />of Licensee, and the cost thereof shall be paid to City within five (5) days after delivery to Licensee of bills
<br />therefore.
<br />Should any of the required insurance be provided under a form of coverage that includes a general annual
<br />aggregate limit or provides that claims investigation or legal defense costs be included in such general annual
<br />aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above.
<br />Should any of the required insurance be provided under a claims made form, Licensee shall maintain such
<br />coverage continuously throughout the term of this License and, without lapse, for a period of three (3) years beyond
<br />this Licensee's expiration, to the effect that, should any occurrences during the License term give rise to claims made
<br />after expiration of the License, such claims shall be covered by such claims -made policies.
<br />Upon City's request, Licensee and City shall periodically review the limits and types of insurance carried pursuant to
<br />this Section. If the general commercial practice in the City and County of Alameda is to carry liability insurance in
<br />an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks
<br />comparable to those associated with the Premises, then City in its sole discretion may require Licensee to increase
<br />the amounts or coverage carried by Licensee hereunder to conform to such general commercial practice. Licensee's
<br />compliance with the provisions of this Section shall in no way relieve or decrease Licensee's indemnification
<br />obligations under this License or any of Licensee's other obligations hereunder. Notwithstanding anything to the
<br />contrary in this License, this License shall terminate immediately, without notice to Licensee, upon the lapse of any
<br />required insurance coverage. Licensee shall be responsible, at its expense, for separately insuring Licensee's
<br />personal property.
<br />12.2 Absent gross negligence or willful misconduct, neither Licensor nor any of its commissions,
<br />departments, boards, officers, agents or employees shall be liable for any damage to the property of Licensee, its
<br />officers, agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to
<br />such persons, resulting or arising from the condition of the Premises or its use by Licensee.
<br />Without limiting any indemnification obligations of Licensee or other waivers contained in this License and
<br />as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES AND DISCHARGES
<br />forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, Licensor, its
<br />departments, commissions, officers, directors and employees, and all persons acting by, through or under each of
<br />them, under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse
<br />condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the
<br />event that Licensor exercises its right to terminate this License.
<br />Licensor would not be willing to give this License in the absence of a complete waiver of liability for
<br />consequential damages due to the acts or omissions of Licensor or its Agents, and Licensee expressly assumes the
<br />risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers
<br />contained in this Permit and as a material part of the consideration for this Permit, Licensee fully RELEASES,
<br />WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against for
<br />consequential damages (including without limitation, lost profits), and covenants not to sue for such damages,
<br />Licensor, its departments, commissions, officers, directors and employees, and all persons acting by, through or
<br />under each of them, arising out of this License or the uses authorized hereunder, including, without limitation, any
<br />interference with uses conducted by Licensee pursuant to this License, regardless of the cause, and whether or not
<br />due to the negligence of Licensor or its Agents, except for the gross negligence or willful misconduct of the Licensor
<br />or its Agents.
<br />In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of
<br />the California Civil Code, which reads:
<br />A general release does not extend to claims which the creditor does not know or suspect to exist in his favor
<br />at the time of executing the release, which if known by him must have materially affected his settlement with the
<br />debtor.
<br />Ctearwire Communication Tower Agteemot -4- v.5 -22.06
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