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4. Damage. In the event that Licensee damages any portion of the License Area or the
<br />improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost.
<br />Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the
<br />City for its cost within fifteen (15) days of receipt of written demand from City.
<br />5. Licensee Parties. Licensee, together with its employees, subcontractors, agents,
<br />representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are
<br />collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee
<br />Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
<br />6. Fee. As consideration for this Agreement, Licensee shall pay City a monthly license fee
<br />of $24,967.03. License fees for any partial month shall be pro -rated. Payment shall be made payable to the
<br />City of Santa Ana, in advance for each month, no later than the 101}i of the prior month, at the following
<br />address: Public Works Agency, City of Santa Ana M-21, Administrative Services Manager, 20 Civic Center
<br />Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any
<br />payment hereunder due but unpaid after the 101}i of the month. The consideration for this License shall be
<br />subject to a CPI adjustment annually utilizing the most recently published annual average, on the
<br />anniversary of the Effective Date during the term hereof.
<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
<br />shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty
<br />expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby
<br />acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use.
<br />Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition
<br />at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area
<br />is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged
<br />or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no
<br />obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.
<br />Insurance.
<br />8.1 Licensee shall maintain commercial general liability insurance which shall
<br />include, but not be limited to, protection against claims arising from bodily and personal injury, including
<br />death resulting therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Licensee's use of the Property, including, without limitation, acts involving vehicles.
<br />8.2 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 $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name
<br />the City, its City Council, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (c) contain standard separation of insureds provisions.
<br />8.3 Licensee shall maintain business automobile liability insurance, or equivalent
<br />form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
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