Laserfiche WebLink
total limits required above may be met by any combination of primary and excess liability <br />insurance. A certificate evidencing such insurance shall be delivered to City upon the execution <br />of this Agreement and from time to time thereafter as may be requested by City. Tesla shall <br />include City as additional insured on its commercial general liability and umbrella insurance <br />policies. Tesla will also carry worker's compensation insurance in accordance with state and <br />federal law. <br />24. CONFIDENTIALITY AND PUBLICITY: <br />A. Confidentiality: Tesla and City agree that and any non-public, confidential or proprietary <br />information or documentation provided to one Party by the other Party in connection with <br />this Agreement are confidential information, and the Parties agree not to disclose such <br />confidential information to any person or entity during the Term and for a period of three <br />(3) years thereafter. <br />B. Permitted Disclosures: Notwithstanding the foregoing, the Parties may disclose information <br />(i) to their respective Affiliates, subcontractors, lenders, employees, financial, legal and <br />space planning consultants, in each case that have a "need to know' such confidential <br />information and have committed to treat the information as confidential under terms no <br />less protective than the terms of this Section 24provided that the Party disclosing such <br />confidential information shall be liable for any disclosure by such authorized recipients and <br />(ii) as required by law, including the California State Public Records Act or (iii) pursuant to <br />public hearings; provided that if City is required to disclose the terms of this Agreement <br />under items (ii) or (iii), then City shall promptly notify Tesla to allow Tesla to seek a <br />protective order or other appropriate remedy, including but not limited to redacting the <br />financial terms of this Agreement prior to any disclosure. <br />C. Publicit :Neither Party will use the other Party's name, trademark or logo without obtaining <br />the other Party's prior written consent. <br />25. ENVIRONMENTAL MATTERS: City represents and warrants that the Premises shall be delivered <br />free of environmental contamination that violates any applicable environmental law. City agrees <br />that it will indemnify and hold Tesla harmless from all costs from, and Tesla shall have no liability <br />for, any environmental contamination of the Property, unless caused by Tesla, its agents, <br />employees or contractors. During the Term, City is responsible for remediating any pre-existing <br />contamination and any contamination not caused by Tesla, its agents, contractors or employees, <br />but only to the extent required by applicable environmental law. <br />26. NOTICES: All notices, demands and approvals shall be in writing and shall be delivered by prepaid <br />first class certified mail, or by a reputable overnight delivery service, to the addresses of the <br />respective Party as specified in Section 1. Notice given by certified mail shall be deemed given on <br />the second business day after deposit in the United States Mail, and any notice given by overnight <br />delivery service shall be deemed given on the next business day after deposit with such overnight <br />delivery service. Copies of notices, demands and approvals shall also be delivered if a "copy to" <br />e-mail or other address is specified in Section 1. Notwithstanding the foregoing, as provided in <br />Section 4. City may approve the plans and specifications by e-mail. Either Party may change their <br />respective address for notices by giving written notice of such new address in accordance with <br />the provisions of this Section 26. <br />Page 6 <br />v.20190227 <br />25F-9 <br />