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negligence or willful misconduct of Licensor, its officers, agents, or employees, including the cost
<br />of defense of any lawsuit arising therefrom. In the event Licensor is named as co-defendant,
<br />County shall notify Licensor of such fact and shall represent Licensor, with counsel approved by
<br />Licensor, in such legal action unless Licensor undertakes to represent itself as co-defendant in
<br />such legal action, in which event County shall pay to Licensor its litigation costs, expenses and
<br />attorneys' fees.
<br />b. Licensor hereby agrees to indemnity, hold harmless, and defend County, its officers, agents, and
<br />employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising
<br />out of the use of the License Area by Licensor, except forliability arising out of the sole
<br />negligence or willful misconduct of County, its officers, agents, or employees, including the cost
<br />of defense ofany lawsuit arising therefrom. In the event County is named as co-defendant,
<br />Licensor shall notify County of such fact and shall represent County, with counsel approved by
<br />County, in such legal action unless County undertakes to represent itself as co-defendant in such
<br />legal action, in which event Licensor shall pay to County its litigation costs, expenses and
<br />attorneys' fees.
<br />c. In the event judgment is entered against County and Licensor because of the concurrent active
<br />negligence of County and Licensor, their officers, agents, or employees, an apportionment of
<br />liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party
<br />shall request a jury apportionment.
<br />d. The provisions of this Section shall survive the termination or expiration of this License.
<br />14. INSURANCE (SALic-2.2 iN)
<br />INSURANCE REQUIREMENTS
<br />a. County shall maintain commercial general liability insurance which shall include, but not be limited
<br />to, protection against claims arising from bodily and personal injury, including death resulting therefrom and
<br />damage to property, resulting from any act or occurrence arising out of County use of the License Area,
<br />including, without limitation, acts involving County vehicles. The amounts of insurance shall be not less
<br />than the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the
<br />aggregate, Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
<br />representatives as 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 provisions.
<br />b. County shall maintain business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
<br />hired and non -owned automobiles.
<br />C. Pursuant to state law, County is required to be insured against liability for worker's compensation or
<br />to undertake self-insurance. Prior to commencing the performance of services under this Agreement, County
<br />agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per
<br />accident.
<br />d. Certificate of Self-insurance,• Prior to execution of this Agreement, County shall furnish to City a
<br />Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Agreement.
<br />Orange County 4 Rent Free Acquisition License
<br />Registmr of Voters
<br />CITY OF $ANiA ANA
<br />License Number LA-0e2
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