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upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord
<br />or Tenant in their respective premises described herein.
<br />16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its
<br />respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from
<br />and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities,
<br />injuries and damages to persons and property, including death, arising out of or related to Tenant's
<br />use of the Premises, the entry by any Tenant Party on the License Area or surrounding property,
<br />or Tenant's breach or default in the performance of any of its obligations under this Agreement;
<br />provided, however, that Tenant will not be obligated to indemnify the Covered Parties frorn any
<br />claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any
<br />action or proceeding is brought against any Covered Party by reason of any such claim, Tenant,
<br />upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with
<br />legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent
<br />to recovery under any indemnification in this Agreement, and a finding of liability or an obligation
<br />to indemnify slialI not be a condition precedent to the duty to defend. The provisions of this Section
<br />16 shall survive the termination or expiration of this Agreement.
<br />17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain
<br />insurance as described below:
<br />a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
<br />covering CGL on an "occurrence" basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with
<br />limits no less than $2,000,000 per occurrence, and $5,000,000 in the aggregate. If
<br />a general aggregate limit applies, either- the general aggregate limit shall apply
<br />separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
<br />limit shall be twice the required occurrence limit.
<br />b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1),
<br />or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9),
<br />with limit no less than $5,000,000 per accident for bodily injury and property
<br />damage.
<br />C. Workers' Compensation: as required by the State of California, with Statutory
<br />Limits, and Employer's Liability Insurance with limit of no less than $1,000,000
<br />per accident for bodily injury or disease.
<br />d. Property insurance against all risks of loss to any tenant improvements or
<br />bettennents, at full replacement cost with no coinsurance penalty provision.
<br />If the Contractor maintains broader coverage and/or higher limits than the minimums shown
<br />above, the City requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by the contractor. Any available insurance proceeds in excess of the specified
<br />minimum limits of insurance and coverage shall be available to the City.
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