|
representatives (all of the foregoing collectively "Indemnitees ") harmless from and against all
<br />liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty,
<br />deficiency, fine, damage and expense (including, without limitation, reasonable attorneys' fees
<br />and costs of litigation) (all of the foregoing collectively "Claims ") resulting from or arising in
<br />connection with use of the Premises by Licensee or Licensee's agents, employees, invitees,
<br />contractors or subcontractors, including without limitation, Claims arising as a result of injury,
<br />death or property damage, and Claims arising as a result of or in connection with any release of
<br />any Hazardous Material in or about the Premises by Licensee, or Licensee's agents, employees,
<br />invitees, contractors, or subcontractors, or any other violation of any Environmental Law by
<br />Licensee or Licensee's agents, employees, invitees, contractors or subcontractors, except and to
<br />the extent caused solely by the gross negligence or willful misconduct of any of the Indemnitees.
<br />Licensee's indemnification obligations set forth in this Section 6 shall survive the expiration or
<br />earlier termination of this Agreement.
<br />7. Release of Claims Except and to the extent caused solely by the gross negligence or
<br />willful misconduct of any of the Indemnitees (defined in Section 6 above), Licensee hereby
<br />waives, releases, and discharges forever the Indemnitees from all present and future Claims
<br />(defined in Section 6 above) direct or indirect, known or unknown, foreseen or unforeseen,
<br />which Licensee now has or which may arise in the future, on account of or in any way arising
<br />from or in connection with the physical condition of the Premises (including without limitation
<br />the presence of Hazardous Materials), or the entry upon or use of the Premises by Licensee or
<br />Licensee's agents, employees, invitees, contractors or subcontractors, including without
<br />limitation all Claims arising in connection with any injury to persons or damage to or theft of
<br />vehicles, equipment, materials, or any other personal property. The provisions of this Section 7
<br />shall survive the expiration or earlier termination of this Agreement.
<br />8. Insurance Throughout the term of this License, Licensee shall maintain a commercial
<br />general liability policy in the amount of at least One Million Dollars ($1,000,000) combined
<br />single limit, or such other policy limit as City may require in its reasonable discretion, including
<br />coverage for bodily injury, property damage and contractual liability coverage. Such policy or
<br />policies shall be written on an occurrence basis, shall be issued by an insurance carrier licensed
<br />to do business in the State of California with current A.M. Best's rating of no less than A: VII,
<br />and shall name the City and the Indemnitees as additional insureds.
<br />Throughout the term of this License, Licensee shall maintain a comprehensive
<br />automobile liability coverage in the amount of at least One Million Dollars ($1,000,000),
<br />combined single limit including coverage for owned, non -owned and leased vehicles.
<br />Automobile liability policies shall name the Indemnitees as additional insureds.
<br />Throughout the term of this License, Licensee shall maintain worker's compensation
<br />insurance in the amount required under applicable state law, covering Licensee's employees, if
<br />any, at work at the Premises or engaged in services or operations in connection with the
<br />Permitted Activity.
<br />Throughout the term of this License, Licensee shall maintain policies of fire and extended
<br />coverage insurance on the Building and the Premises providing coverage in an amount equal to
<br />at least Two Hundred Sixty -Five Thousand Dollars ($265,000). City shall be named as loss
<br />1732830.3 6
<br />
|