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THRIVE SANTA ANA, INC.
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THRIVE SANTA ANA, INC.
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Last modified
6/21/2019 1:46:11 PM
Creation date
6/21/2019 10:31:41 AM
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Contracts
Company Name
THRIVE SANTA ANA, INC.
Contract #
N-2019-112
Agency
COMMUNITY DEVELOPMENT
Expiration Date
8/9/2019
Insurance Exp Date
1/1/1900
Destruction Year
2024
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7. AS -IS Condition. City makes no representation or warranty of any kind as to the <br />condition of the License Area or any other matter relating to Licensee's use of the License Area. <br />Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and <br />conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will <br />be on the basis of Licensee's own investigation of the condition of the License Area. The license to use <br />the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or <br />warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee <br />hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular propose or <br />use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe <br />condition at the time of Licensee's use, and Licensee shall be responsible for determining whether the <br />License Area is in such condition. In connection therewith, in the event that the License Area or access <br />thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City <br />shall have no obligation or duty to repair the damage or rectify the condition to make the License Area <br />usable or safe. <br />8. Insurance. Licensee shall secure, prior to commencing any activities under this <br />Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance <br />coverage as follows: <br />a. Commercial General Liability Insurance. Licensee shall maintain commercial general <br />liability insurance which shall include, but not be limited to, protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Licensee Parties' use of the license area, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the <br />total annount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as additional hnsured(s); (b) <br />be primary and not contributory with respect to insurance or self-insurance programs maintained by the <br />City; and (c) contain standard separation of insureds provisions. <br />b. Comprehensive Automobile Liability Coverage, including as applicable owned, non - <br />owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, <br />written in an occurrence form. <br />C. Worker's Compensation Insurance as required by California law. <br />d. The following requirements apply to the insurance to be provided by Licensee pursuant <br />to this section: <br />(i) Licensee shall maintain all insurance required above in full force and effect for <br />the entire period, covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />(iii) Certificates and. policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />2of5 <br />
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