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of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied
<br />warranty of condition or fitness for a particular purpose or use, Licensee's use of the License Area
<br />shall be subject to the License Area being in a usable and safe condition at the time of Licensee's
<br />use and Licensee shall be responsible for determining whether the License Area is in such
<br />condition. In connection therewith, in the event that the License Area or access thereto is damaged
<br />or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have
<br />no obligation or duty to repair the damage or rectify the condition to make the License Area usable
<br />or safe,
<br />8. Insurance. Licensee shall secure or cause its agents or contractors performing any
<br />entry onto the License Area to 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
<br />follows:
<br />a. Commercial General Liability Insurance. Licensee shall maintain commercial
<br />general liability insurance which shall include, but not be limited to, protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Licensee Parties use of the License
<br />Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be
<br />not less than the following: single limit coverage applying to bodily and personal injury, including
<br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence
<br />and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds 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 $1,000,000 per occurrence,
<br />combined single limit, written in an occurrence form.
<br />9. � Indemnitv. Licensee shall indemnify, defend, and hold harmless City, and its
<br />respective I agents, representatives, employees, subsidiaries and affiliates ("Covered Parties")
<br />from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or
<br />liabilities, injuries and damages to persons and property, including death, arising out of or related
<br />to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or
<br />surrounding property, or Licensee's breach or default in the performance of any of its obligations
<br />under this Agreement; provided, however, that Licensee will not be obligated to indemnify the
<br />Covered Parties from any claims arising solely from the gross negligence or willful misconduct of
<br />a Covered Party. If any action or proceeding is brought against any Covered Party by reason of
<br />any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same
<br />at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall
<br />not be a condition precedent to recovery under any indemnification in this Agreement, and a
<br />finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to
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