|
1.11 Comnllance with Laws: Reguiatoty Aenrovais. 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 contemp lation of the parties.
<br />1,12 lgdpmnifi atio , Licensee or its subllcensees (collectively and/or individually "Llconseo'� 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 />Lloomee'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 have 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 Agreomont•
<br />1.13 Ltabtlity 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, big 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 CC 00 01 covering COL on an
<br />"occurrence" basis, including products and completed operations, property damage, bodily injury and
<br />personal a advertising injury with limlu no lass 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 requited 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 $1,00%000 per accident for bodily injury or disease,
<br />3. Property Insurance against all risks of less to any tenant improvements or betterments, at full
<br />replacement cast 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.
<br />
|