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SITE NAME SF 39195
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<br /> SITE NUMBER- CA- SFO51951A
<br /> Prior to the Term 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 /> C4wim Cammumdon Tower Agreement - 4 - v..L22-06
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