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(d) Chamber shall occupy the Office Parcel in its as-is condition as of the
<br /> commencement of the license period. Chamber acknowledges that City shall have no
<br /> responsibility for the repair or maintenance of the Office Parcel, and Chamber releases
<br /> City from all Claims(defined below)related in whole or in part, directly or indirectly,to
<br /> the condition of the Office Parcel.
<br /> (e) Chamber shall not use or permit Hazardous Materials to be used in,on or
<br /> under the Office Parcel except for substances used in the ordinary course of Chamber's
<br /> business and used and disposed of in compliance with all applicable state, federal and
<br /> local laws,rules and regulations.
<br /> (f) Chamber shall comply with all state, federal and local laws,rules and
<br /> regulations in connection with its use and occupancy of the Office Parcel.
<br /> (g) Chamber shall indemnify, defend (with counsel approved by City)and
<br /> hold harmless, City and its elected and appointed officers, officials, employees, agents,
<br /> consultants, and contractors from and against all claims, liabilities, losses, damages, fines,
<br /> penalties,claims, demands, suits, actions, causes of action,judgments, costs and expenses
<br /> (including without limitation reasonable attorneys' fees and court costs) (collectively
<br /> "Claims") including without limitation, Claims relating to property damage or personal
<br /> injury, arising from Chamber's use and occupancy of the Office Parcel, including without
<br /> limitation,any such Claims arising from the gross negligence of Chamber or its officers,
<br /> agents, contractors, employees or invitees,except to the extent any such Claim arises
<br /> from City's gross negligence or willful misconduct. The provisions of this paragraph
<br /> shall survive the close of escrow and the termination of this Agreement.
<br /> (h) Throughout the period during which Chamber remains in occupancy of the
<br /> Office Parcel, Chamber shall maintain,at Chamber's expense: (i)Comprehensive
<br /> General Liability insurance issued by a carrier authorized to sell insurance in the State of
<br /> California,written on an occurrence basis,and providing coverage for bodily injury,
<br /> death and property damage caused by or occurring in connection with Chamber's use and
<br /> occupancy of the Office Parcel with a policy limit of at least$3,000,000 per occurrence,
<br /> $5,000,000 in the aggregate,with commercially reasonable deductibles, insuring the
<br /> Chamber(as named insured)and the City(as additional insured)against all claims,
<br /> ( ) ty( g
<br /> demands, actions, suits, or personal injury or property damage occurring upon, in, or
<br /> about the Office Parcel, or arising from any acts or omissions of Chamber or any of its
<br /> agents or employees. The commercial General Liability policy shall insure for
<br /> contractual indemnity and contain a cross-liability endorsement. (ii) Worker's
<br /> Compensation insurance in compliance with the requirements of law,and(iii) "all risks"
<br /> property insurance(or its equivalent)covering all improvements located in the Office
<br /> Parcel in a minimum amount equal to 100%of the reasonable replacement cost thereof.
<br /> The property insurance policy shall contain a severability of interests clause.
<br /> All insurance coverages required to be carried under this section shall be carried with
<br /> insurance companies that are(i) licensed to do business in California and(ii)rated in the
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