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that the Property or access thereto is damaged or obstructed, or the use by Licensee is otherwise
<br />impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify
<br />the condition to make the Property usable or safe.
<br />3.2 No Assignment or Sublicense. The permission, rights and privileges granted under
<br />this Agreement are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by
<br />operation of law, assign, transfer, mortgage or encumber this License or any obligation, right, title
<br />or interest assumed by Licensee herein, without the prior written consent of the City, which may
<br />be withheld at the sole discretion of the City. Licensee shall not sublicense, or permit, or suffer
<br />the Property or any part thereof to be used or occupied by others. If Licensee attempts an
<br />assignment or transfer of this License or any obligation, right, title or interest herein, City may at
<br />its option, immediately terminate the License and shall thereupon be relieved from any and all
<br />obligations to Licensee or to its attempted assignee or transferee.
<br />4. INDEMNITY AND INSURANCE
<br />4.1 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its
<br />respective agents, officers, representatives, employees, subsidiaries and affiliates ("Covered
<br />Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses,
<br />or liabilities, injuries and damages to persons and property, including death, arising out of or
<br />related to Licensee's use of the Property, the entry by any Licensee Party on any portion of the
<br />Property or surrounding property or Facilities, or Licensee's breach or default in the performance
<br />of any of its obligations under this Agreement. If any action or proceeding is brought against any
<br />Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered
<br />Party, shall defend the same at Licensee's sole expense with legal counsel reasonably acceptable
<br />to Covered Party. Payment shall not be a condition precedent to recovery under any
<br />indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall
<br />not be a condition precedent to the duty to defend. The provisions of this Section 4.1 shall survive
<br />the termination or expiration of this Agreement.
<br />4.2 Insurance Requirements,
<br />4.2.1 Licensee shall maintain commercial general liability insurance which shall
<br />include, but not be limited to, protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of Licensee's use of the Properly, including, without limitation, acts involving vehicles.
<br />The amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds provisions.
<br />4.2.2 Licensee shall maintain business automobile liability insurance, or
<br />equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such
<br />insurance shall include coverage for owned, hired and non -owned automobiles.
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