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they are free, clear, and unencumbered. No part of them is taken from or based on any other <br />work; no part infringes the copyright or any other right of any person; and the reproduction, <br />publication, exhibition, or any other use by DBW of the Photographs in any form whatever will <br />not in any way, directly or indirectly, infringe on the rights of any person. The Grantee agrees <br />to indemnify and hold DBW harmless from and against any and all loss, damage, costs, <br />charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and <br />expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any <br />violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful <br />matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW <br />harmless for any such amounts arising from its breach of any covenant, representation, or <br />warranty of this agreement. <br />11.PERMITS AND DOCUMENTATION <br />Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, <br />the Grantee shall obtain all necessary permits, authorizations, and documentation <br />necessitated by any applicable provision of law. <br />12.SECURING OF BIDS <br />Grantee shall comply with any applicable laws and regulations governing the competitive <br />bidding process when awarding subcontracts to marine salvage companies under this <br />Agreement. <br />13.SUBCONTRACTORS <br />The Grantee warrants and guarantees that any marine salvage company performing work <br />under this Agreement holds a valid business license and carries general commercial liability <br />insurance coverage sufficient to fully insure against any and all risks of hazardous activities <br />associated with the work to be performed under this Agreement. Grantee agrees that it shall <br />guarantee and shall be responsible for ensuring that any and all of its contractors and <br />subcontractors holds a valid business license and carries general commercial liability <br />insurance coverage sufficient to fully insure against any and all risks of hazardous activities <br />associated with the work to be performed under this Agreement; and Grantee agrees that if <br />any of Grantee’s contractors or subcontractors fail to fulfill any of these requirements, that <br />Grantee itself carries general commercial liability insurance coverage sufficient to fully insure <br />against any and all risks of hazardous activities associated with the work to be performed <br />under this Agreement, whether performed by the Grantee, Grantee’s contractor(s), or <br />Grantee’s subcontractor(s). Grantee shall provide DBW with a certificate of insurance from <br />any contractor(s) and subcontractor(s) prior to the commencement of any work under this <br />Agreement. <br />14.TRAFFIC CONTROL AND TRAFFIC SAFETY <br />The Grantee shall provide for adequate traffic control and safety measures at any site where <br />Grantee and its subcontractors will perform any work under this Agreement. <br />15.AIR OR WATER POLLUTION VIOLATION <br />Grantee warrants that it is not (1) in violation of any order or resolution not subject to review <br />promulgated by the State Air Resources Board or an air pollution control district; (2) subject to <br />any cease and desist order not subject to review issued pursuant to Water Code section <br />13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally <br />determined to be in violation of provisions of federal law relating to air or water pollution. <br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2015/2016 <br />__________________________________________________________________________ <br />Page: 7 of 24