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Insurance 19. Owner understands and agrees that the Occupant is self -insured for liability exposures.
<br />Under this form of insurance, the Occupant and its employees acting in the course and scope of
<br />their employment are insured for tort liability arising out of official Occupant business. All claims
<br />against Occupant based on tort liability should be presented as a government claim to the
<br />Government Claims Program through Occupant. (Gov. Code section 900, et. seq.)
<br />Hazardous 20. Occupant agrees that it will comply with all applicable laws existing during the term of this
<br />Substance Occupancy Agreement pertaining to the use, storage, transportation, and disposal of any
<br />hazardous substance as that term is defined in such applicable law. In the event Owner or any
<br />of its affiliates, successors, principals, employees, or agents should incur any liability, cost, or
<br />expense, including attorney's fees and costs, as a result of the Occupant's illegal or alleged illegal
<br />use, storage, transportation, or disposal of any hazardous substance, including any petroleum
<br />derivative, the Occupant shall indemnify, defend, and hold harmless any of these individuals
<br />against such liability, to the extent authorized by Government Code section 14662.5. Where the
<br />Occupant is found to be in breach of this provision due to the issuance of a government order
<br />directing the Occupant to cease and desist any illegal action in connection with a hazardous
<br />substance, or to remediate a contaminated condition caused by the Occupant or any person
<br />acting under Occupant's direct control and authority, Occupant shall be responsible for all costs
<br />and expenses of complying with such order, including any and all expenses imposed on or
<br />incurred by Owner in connection with or in response to such government order, to the extent
<br />authorized by Government Code section 14662.5. In the event a government order is issued
<br />naming the Occupant or the Occupant incurs any liability during or after the term of the Occupancy
<br />Agreement in connection with contamination which pre-existed the Occupant's obligations and
<br />occupancy under this Occupancy Agreement or which were not caused by the Occupant, Owner
<br />shall hold harmless, indemnify, and defend the Occupant in connection therewith and shall be
<br />solely responsible as between Occupant and Owner for all efforts and expenses thereto.
<br />Restoration of 21. Upon termination of this Occupancy Agreement, Owner agrees that the equipment
<br />Premises installed by the Occupant, if any, shall be and remain the property of the Occupant, and Occupant
<br />shall remove such property when vacating the Premises. Occupant shall restore all surfaces,
<br />including floors and walls, to the condition existing prior to its installation, including repair of
<br />damaged floor tile and patching and repainting damaged wall surfaces to match adjacent existing
<br />surfaces. Occupant shall clean the Premises per the current health and safety protocols
<br />established by public health officials, immediately prior to vacating the Premises.
<br />Hotel Staff 22. Owner warrants that this Occupancy Agreement will not impact the employment status
<br />Compensation of any hotel staff for the duration of this Occupancy Agreement. Owner and/or its agents shall
<br />ensure that all hotel staff will receive the same compensation as they would otherwise have
<br />received absent any Occupant Agreement, whether they are reassigned to another portion of the
<br />Premises, another hotel or relieved of duty for the duration of the Occupancy Agreement. As
<br />such, hotel staff shall be available to assist Occupant in the operation of the facility during the
<br />Term, upon request, to the extent that such assistance can be accomplished in a safe and healthy
<br />manner.
<br />Indemnification 23. Owner agrees to defend, and shall indemnify and hold harmless the Occupant, its
<br />officers, agents, employees, contractors, special counsel, and representatives from liability: (1)
<br />for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out
<br />of claims for personal injury, including death, and claims for property damage, which may arise
<br />from the negligent operations of the Owner, its subcontractors, agents, employees, or other
<br />persons acting on its behalf; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
<br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the terms of, or effects, arising from this Agreement. The Owner
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