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4. COMPLIANCE WITH RULES AND REGULATIONS
<br />User shall use and occupy the Facilities in a safe and careful manner and shall
<br />comply with all applicable local, state, and federal laws in its use of and activities in the
<br />Facilities, including as to the conduct of its employees, agents, clients, customers, guests,
<br />and others using the Facilities by reason of this Agreement. User shall also comply with
<br />all rules and regulations of City in effect during its use of the Facilities. Failure to abide
<br />by such laws, rules, or regulations, or any condition of this Agreement, may result in the
<br />immediate termination of this Agreement in the sole discretion of the City.
<br />FINGERPRINTS AND BACKGROUND CHECK
<br />Provider, shall certify in writing to City prior to the start of any services provided
<br />pursuant to this agreement that any of provider's employees, subcontractors, or
<br />volunteers that will be on -site at any City -owned property, shall have undergone a
<br />criminal background check through the Department of Justice and are free of any
<br />disqualifying criminal convictions which would legally prohibit those persons'
<br />interaction with minors.
<br />6. INDEMNIFICATION
<br />User agrees to and shall indemnify, protect, defend, and hold harmless City, its
<br />officers, agents, employees, consultants, special counsel, and representatives from and
<br />against any and all claims, damages, judgments, attorney's fees, costs and expenses
<br />arising out of, involving, or in connection with the use of the Facilities or the acts or
<br />omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether
<br />or not such acts or omissions constitute permitted uses of the Facilities,
<br />INSURANCE
<br />Without limiting User's indemnification obligations, User agrees to obtain and
<br />maintain during the tern of the Agreement, and to require its subcontractors, if any, to
<br />obtain and maintain, insurance as described below:
<br />a. Commercial General Liability Insurance. Commercial general liability
<br />insurance which shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of User's operations in the performance
<br />of this Agreement, including, without limitation, acts involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the
<br />total amount of $1,000,000 per occurrence and $2,000,000 aggregate, including coverage
<br />of sexual molestation with limits not less than $50,000 per occurrence and $100,000
<br />general aggregate. Such insurance shall (a) naive the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s); (b) be primary and not.
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