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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 /> I'I 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 /> 3 <br />