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6. Fee. As consideration for this Agreement, Licensee shall pay City a license fee of
<br />$13,600 per month throughout the duration of this License, or a pro -rated portion thereof, for any extension
<br />of the Agreement pursuant to Section 1.
<br />7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition
<br />of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby
<br />disclaims and waives any and all objections to the physical and other characteristics and conditions of the
<br />License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of
<br />Licensee's own investigation of the condition of the License Area. The license to use the License Area shall
<br />be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or
<br />implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges
<br />and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of
<br />the License Area shall be subject to the License Area being in a usable and safe condition at the time of
<br />Licensee's 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 or
<br />obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation
<br />or duty to repair the damage or rectify the condition to make the License Area usable or safe.
<br />8. 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 under this Agreement, and maintain or
<br />cause to be maintained during the term of this Agreement, insurance coverage as follows:
<br />a. Commercial General Liability Insurance. Licensee shall maintain commercial general
<br />liability insurance which shall include, but not be limited to, protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the
<br />total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a)name
<br />the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs maintained by the City;
<br />and (c) contain 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, non -
<br />owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combinedsingle
<br />limit, written in an occurrence form.
<br />9. 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
<br />not be obligated to indemnify the Covered Parties from any claims arising solely from the negligence or
<br />willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by
<br />reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defendthe
<br />same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not
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