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4.9. Licensee shall be solely responsible for obtaining all utility service and for the payment of all utility charges, including but not limited to water and power, supplied to the Property that is necessary for the purpose of carrying out the Project. 4.10. Licensee shall, during the term of this Agreement and at Licensee's cost and expense, keep the Property, and every part thereof, in good order, condition and repair. 4.11. Licensee hereby acknowledges the title of City in and to the Property, including the real property fixtures and improvements existing or erected thereon, and Licensee hereby covenants and promises never to assail, contest or resist City's title to the Property. 4.12. Licensee acknowledges that City makes no representation or warranty, express or implied, regarding the security of the Property or the need for or propriety of any security measures at the Property; and Licensee further acknowledges that City shall have no obligation whatsoever to provide guard service or any other security measures. Licensee expressly assumes all responsibility for the protection and security of the Property, Licensee, Licensee's designees and property within the Property from any and all acts of any third party. 4.13. City or its authorized representatives shall have the right at all reasonable times to enter upon the Property and inspect the general condition of the Property to determine if Licensee is complying with the terms, conditions, requirements and provisions of this Agreement. City shall at all times retain the right to raise issues or concerns with Licensee regarding the fitness of the Property for the Project, order the Licensee to cease use of the Property, in the City's sole discretion, until Licensee has sufficiently addressed the issues or concerns to the City's satisfaction, or to take such other actions as deemed reasonably necessary to ensure the safety of any persons entering the Property. 5. Legal Relations and Responsibilities. City and Licensee understand and agree that the only relationship between them created by this Agreement is that of Licensor and Licensee, and that this Agreement does not create, and shall not be construed to create, any agency, partnership, joint venture, landlord -tenant or other relationship between City and Licensee. 5.1. No Obligation to Third Parties. Execution and issuance of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than City and Licensee. 6. Insurance. Prior to undertaking performance of work under this Agreement, Licensee shall maintain and shall require all contractors performing improvement work at the Property, to obtain and maintain insurance as described below: 6.1. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance naming the City of Santa Ana and their officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act