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1.11 Compliance with Laws: Regulatory Ap ru ovals. Licensee shall, at its sole expense, conduct and
<br />cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes, ordinances and
<br />orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties.
<br />112 Indemnification, Licensee or its sublicensees (collectively and/or individually "Licensee") shall
<br />indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and
<br />affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses,
<br />expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to
<br />Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the
<br />Property or surrounding property, or Licensee's breach or default in the performance of any of its obligations under
<br />this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any
<br />claims arising solely from the negligence or willful misconduct of a Covered Party. If any action or proceeding is
<br />brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from
<br />Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered
<br />Party. Payment of any settlement or judgment by Covered Parties shall not be a condition precedent to recovery
<br />under any indemnification in this Agreement, and a finding of liability or an obligation to Indemnity shall not be a
<br />condition precedent to the duty to defend. Licensee agrees to obtain executed indemnity agreements with provisions
<br />identical to those set forth here in this Section 1.12 from each and every sublicensee under this Agreement. Failure
<br />of City to monitor compliance with these requirements imposes no additional obligations on City and will in no
<br />way act as a waiver of any rights hereunder. The provisions of this Section 1.12 shall survive the termination or
<br />expiration of this Agreemont.
<br />1.13 Liability Insurance,
<br />Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries
<br />to persons or damages to property which may arise from or in connection with the performance of the work
<br />hereunder and the results of that work by the Consultant, his agents, representatives, employees or sub -
<br />consultants.
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CO 00 01 covering CGL on an
<br />"occurrence" basis, including products and completed operations, property damage, bodily injury and
<br />personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate
<br />limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25
<br />03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
<br />2. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's
<br />Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
<br />3. Property insurance against all risks of loss to any tenant improvements or betterments, at full
<br />replacement cost with no coinsurance penalty provision.
<br />If the License maintains broader coverage and/or higher limits than the minimums shown above, the City requires
<br />and shall be entitled to the broader coverage and/or the higher limits maintained by the License, Any available
<br />insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the
<br />City.
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