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Agreement shall, in the City's discretion, be grounds for termination of this Agreement pursuant
<br /> to Section 18. The Lessee expressly acknowledges and agrees that the City has no obligation to
<br /> maintain or repair the Premises.
<br /> 10. UTILITIES. The Lessee shall pay for all utilities furnished to the Premises.
<br /> 11. LIENS. The Lessee agrees to pay for all labor done or materials furnished in
<br /> repair, replacement or improvement of the Premises by the Lessee, and to keep the Premises,
<br /> Improvements and the Lessee's possessory interest therein free and clear of any lien or
<br /> encumbrance of any kind whatsoever created by the Lessee's act or omission.
<br /> 12. ASSIGNMENT OR SUBLETTING. This Agreement shall not be assigned or
<br /> transferred, nor shall the Lessee have the right to sublet the Premises or any part thereof without
<br /> the written consent of the City of San Leandro City Council evidenced by a resolution thereof
<br /> duly adopted for said purpose.
<br /> 13. CITY HELD HARMLESS. To the fullest extent allowed by law, the Lessee
<br /> agrees to defend (with counsel reasonably acceptable to the City) and hold harmless the City and
<br /> its elected and appointed officers, officials, employees, agents and representatives (all of the
<br /> foregoing, collectively the "Indemnitees ") from and against all liabilities, losses, damages, fines,
<br /> deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative
<br /> proceedings, judgments, costs and expenses (including without limitation reasonable attorneys'
<br /> fees and court costs) (all of the foregoing, collectively "Claims ") resulting from or arising in
<br /> connection with use of the Premises by the Lessee, its agent and employees, arising out of the
<br /> construction, repair, alteration, relocation, use and maintenance of said structure and Premises
<br /> and the Improvements thereon, 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 the Lessee, or the Lessee's agents,
<br /> employees, invitees, contractors, or subcontractors, or any other violation of any Environmental
<br /> Law by the Lessee or the Lessee's agents, employees, invitees, contractors or subcontractors.
<br /> The indemnity obligations of the Lessee under this shall not extend to Claims to the extent they
<br /> arise as a result of the Indemnitees' gross negligence or willful misconduct. The Lessee likewise
<br /> agrees to keep all Improvements upon the Premises insured against loss by fire in an amount to
<br /> be designated by the City from time to time and in companies to be approved by the City. The
<br /> Lessee assumes all risk of damage to the Premises, except acts of God.
<br /> 14. INSURANCE. Until further notice the Lessee shall maintain in force an
<br /> insurance policy, or policies, which will insure and indemnify the City against liability or
<br /> financial loss resulting from injury occurring to persons in or about the demised structure and
<br /> Premises in an amount not less than Two Million Dollars ($2,000,000) combined single limit
<br /> applying to bodily and personal injury, death and property damage. Such insurance shall name
<br /> the City, its officers, officials, agents and employees as additional insured and/or loss payee.
<br /> Such policy or policies shall be written on an occurrence basis, shall be issued by an insurance
<br /> carrier licensed to do business in the State of California with current A.M. Best's rating of no
<br /> less than A: VII, and shall name the City and the Indemnitees as additional insureds. This
<br /> amount may be increased a reasonable amount from time to time if deemed necessary by the
<br /> City.
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