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election, repair the damage in which case Petra shall reimburse the City for its cost within fifteen (15) days
<br />of receipt of written demand from City.
<br />5. Fee. There shall be no fee for use of the Property under this Agreement. There Shan be no
<br />fee or any other liability to the City whatsoever for any activities undertaken by Petra under or in furtherance
<br />of this Agreement.
<br />fi. As -is Condition. City makes no representation or warranty of any kind as to the condition
<br />of the Property or any other matter relating to Petra's use of the Property. Petra hereby disclaims and
<br />waives any and all objections to the physical and other characteristics and conditions of the Property. Petra
<br />acknowledges and agrees that the use of the Property will be on the basis of Petra's own investigation of
<br />the condition of the Property. The license to use the Property shall be granted on an "AS -IS," "WITH ALL
<br />FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law.
<br />City expressly disclaims, which Petra hereby acknowledges and accepts, any implied warranty of condition
<br />or fitness for a particular purpose or use. Petra's use of the Property shall be subject to the Property being
<br />in a usable and safe condition at the time of Petra's use, and Petra shall be solely responsible for determining
<br />whether the Property is in such condition. In connection therewith, in the event that the Property or access
<br />thereto is damaged or obstructed or the use by Petra is otherwise impaired, prevented, or limited, City shall
<br />have no obligation or duty to repair the damage or rectify the condition to make the Property usable or safe.
<br />7.--4murance. Petra shall secure, prior to commencing any activities under this Agreement,
<br />and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows:
<br />(a) Commercial General Liability Insurance. Petra shall maintain commercial general
<br />liability 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, resulting
<br />from any act or occurrence arising out of its use of the Property, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit
<br />coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such
<br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s): (b) be primary and not contributory with respect to insurance or self-
<br />insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />(b) Worker's Compensation Insurance as required by California law.
<br />(c) Comprehensive Automobile Liability Coverage, including as applicable owned,
<br />non -owned, and hired autos, in an amount of not less than S2,000,000 per occurrence, combined
<br />single limit, written in an occurrence form.
<br />8. Indemnity. Petra shall indemnify, defend, and hold harmless City, and its respective
<br />agents, officers, representatives, employees, and affiliates ("Covered Parties") from and against any and all
<br />actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons
<br />and property, including death, arising out of or related to Petra's use of the Property, or Petra's breach or
<br />default in the performance of any of its obligations under this Agreement; provided, however, that Petra
<br />will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross
<br />negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any
<br />Covered Party by reason of any such claim, Petra, upon receipt of written notice from Covered Party, shall
<br />defend the same at Petra's expense with legal counsel reasonably acceptable to Covered Party. Payment
<br />shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding
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