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9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry
<br />onto the License Area to secure, prior to commencing any activities wider this Agreement, and maintain or
<br />cause to be maintained during the term of this Agreement, insurance coverage as follows:
<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 CG 00 01covering CGL on
<br />an "occurrence" basis, including products and completed operations, property damage, bodily injury
<br />and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general
<br />aggregate limit applies, either the general aggregate limit shall apply separately to this
<br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
<br />occurrence limit.
<br />2. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and
<br />Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or
<br />disease. (This applies to Licensees with employees, not required if no employees).
<br />2. Property insurance against all risks of loss to any tenant improvements or betterments, at full
<br />replacement cost with no coinsurance penalty provision. If the Licensee maintains broader coverage
<br />and/or higher limits than the minimums shown above, the City requires and shall be entitled to the
<br />broader coverage and/or the higher limits maintained by the Licensee. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
<br />the City.
<br />Other Insurance Provisions:
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />Additional Insured Status
<br />The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
<br />CGL policy with respect to liability arising out of work or operations performed by or on behalf of the
<br />Licensee including materials, parts, or equipment furnished in connection with such work or operations.
<br />General liability coverage can be provided in the form of an endorsement to the Licensee's insurance (at
<br />least as broad as ISO Form CG 20 10).
<br />Primary Coverage
<br />For any claims related to this contract, the Licensee's insurance coverage shall be primary insurance
<br />coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees,
<br />and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees,
<br />or volunteers shall be excess of the Licensee's insurance and shall not contribute with it.
<br />Legal Liability Coverage
<br />The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02
<br />or equivalent) with a limit equal to the replacement cost of the leased property
<br />10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective
<br />agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any
<br />and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
<br />persons and property, including death, arising out of or related to Licensee's use of the License Area, the
<br />entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default
<br />in the performance of any of its obligations under this Agreement; provided, however, that Licensee will
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