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<br /> 3 <br />contractors and subcontractors. The failure of the Lessee to maintain the Premises in accordance <br />with this Agreement shall, in the City’s discretion, be grounds for termination of this Agreement <br />pursuant to Section 17. <br />8. UTILITIES. The Lessee shall pay for all utilities furnished to the Premises. <br />9. LIENS. The Lessee agrees to pay for all labor done or materials furnished in <br />maintenance of the Premises by the Lessee, and to keep the Premises, Improvements and the <br />Lessee’s possessory interest therein free and clear of any lien or encumbrance of any kind <br />whatsoever created by the Lessee’s act or omission. <br />10. 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 />11. INDEMNITY. To the fullest extent permitted by law, Lessee shall defend (with <br />counsel reasonably acceptable to City), indemnify and hold City and City’s elected and <br />appointed officers, officials, employees, agents and representatives (collectively, “Indemnitees”) <br />harmless from and against any and all Claims arising out of or relating directly or indirectly to <br />this Agreement or the Premises (including without limitation, Claims for or relating to loss of or <br />damage to property, injury or death of any person, and economic losses and consequential or <br />resulting damage of any kind), including any Claim arising from or in connection with or in any <br />way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises, the <br />Improvements or the Property by Lessee or the Lessee or its agents, employees, contractors, <br />subtenants or invitees (“Lessee Parties”), (ii) any act, error, omission or negligence of Lessee <br />Parties or any invitee, guest or licensee of Lessee in, on or about the Property, (iii) any <br />Alterations, activity, work, or thing done, omitted, permitted, allowed or suffered by Lessee or <br />Lessee Parties in, at, or about the Premises, the Improvements or the Property, or (iv) any breach <br />or default in performance of any obligation on Lessee’s part in the performance of any covenant <br />or agreement to be performed under this Agreement, except to the extent caused by the sole <br />gross negligence or willful conduct of City. The provisions of this Section shall not be <br />construed or interpreted as in any way restricting, limiting or modifying Lessee’s insurance <br />obligations under this Agreement and are independent of such obligations. Lessee’s compliance <br />with the insurance requirements set forth in this Agreement shall not in any way restrict, limit or <br />modify Lessee’s indemnification obligations hereunder. The provisions of this Section shall <br />survive the expiration or earlier termination of this Agreement. The indemnity obligations of the <br />Lessee under this shall not extend to Claims to the extent they arise as a result of the <br />Indemnitees’ gross negligence or willful misconduct. The Lessee likewise agrees to keep all <br />Improvements upon the Premises insured against loss by fire in an amount to be designated by <br />the City from time to time and in companies to be approved by the City. The Lessee assumes all <br />risk of damage or destruction to the Premises, except acts of God. <br /> <br />