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other type of fence satisfactory to Lessor at least six feet in height, together with gates therein, all <br />as may be required by the Lessor. <br />13. Lessor has constructed and now maintains a road across said picnic grounds, which <br />road is used by Lessor for ingress to and egress from Lessor's Lake Chabot Dam, Spillways and <br />other appurtenant structures. Lessee agrees that except at gates it will keep said road open and <br />unobstructed at all times and that it acknowledges Lessor and other parties authorized by Lessor <br />the right to use the same freely for passage of men, vehicles, fire fighting and other equipment of <br />all kinds. Lessee further agrees that Lessor and other persons authorized by Lessor may place <br />their locks upon any gate which may be placed in the said fence, but not in such a way as to <br />prevent the use of such gates by Lessee or by others authorized by Lessee to use such gates and <br />place locks thereon. <br />14. It is further agreed that in the event Lessor shall at any time or times require the use <br />of a portion or portions of said real property or shall perform any work requiring the <br />reconstruction, relocation, alteration or changes in said picnic grounds or public park equipment, <br />Lessor may at its option as an alternative to terminating all rights of Lessee hereunder permit <br />Lessee to reconstruct, relocate or alter said picnic grounds and public park equipment. In the event <br />Lessee opts to reconstruct, relocate or alter said picnic grounds and public park equipment, as the <br />case may be, Lessee shall promptly notify Lessor of such intent to proceed and shall further <br />proceed with such work and to complete the same within the time frame agreed to by both parties. <br />If Lessee does not exercise its option to reconstruct, relocate, or alter the picnic grounds, <br />recreation facilities and equipment, this Lease shall terminate over those portions of said property <br />affected. <br />15. Lessee agrees that in the exercise of the rights provided herein, Lessee will have the <br />entire responsibility for any and all injury to the public and to individuals. Lessee expressly <br />agrees to indemnify, defend and hold harmless Lessor, its Directors, officers, and employees from <br />and against any and all loss, liability, expense, claims, costs, suits, and damages, including <br />attorneys' fees, arising out of Lessee's operation or performance under this Lease. It is <br />understood and agreed that Lessee shall indemnify and hold harmless Lessor, its directors, officers <br />and employees from any injury to the public and to individuals except for Lessor's active <br />negligence or willful misconduct. <br />16. Lessee shall be responsible to Lessor for any damage to the demised premises; and <br />assumes all risk of damage to any property of Lessee or any property under the control or custody <br />of Lessee while upon the demised premises or in proximity thereto, caused by or contributed to in <br />any way by the operation, maintenance, repair or use of the Lessor's pumping plants, Lake Chabot <br />Reservoir, dam spillway or creek or other facilities or improvements of Lessor, present or future. <br />Lessee further agrees to indemnify and hold harmless Lessor from any damage or loss to Lessor's <br />facilities, directly or indirectly contributed to or caused by Lessee's operation or performance <br />under this Lease. <br />17. Lessee shall take out and maintain during the life of the Lease all the insurance <br />required in this section, and shall submit unaltered and completed certificates (attached) for <br />review and approval by Lessor. The Lease shall not be issued, and Lessee shall not commence <br />-4- <br />