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DO NOT RECORD
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<br />(d)
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<br />Upon the expiration or termination of this Agreement, Licensor shall
<br />approve in writing the surrender of the License Area by Licensee only
<br />after being satisfied that License Area has been left in good and clean
<br />condition, less ordinary wear and tear.
<br />
<br />Section 3.02 Liens
<br />Licensee will not permit any mechanics' or materialmens' or other liens to stand against
<br />the License Area by reason of any use or occupancy by Licensee, or any person claiming
<br />under Licensee.
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<br />ARTICLE 4 - INDEMNITY AND INSURANCE
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<br />Section 4.01 Indemnification, Defense, Hold Harmless
<br />Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its
<br />officers, officials, employees, and agents from and against any and all liability, loss,
<br />damage, expenses, costs (including without limitation costs and fees of litigation of any
<br />nature) arising out of or in connection with Licensee's performance of this Agreement or
<br />Licensee's failure to comply with any of Licensee's obligations contained in the
<br />Agreement by Licensee, its officers, agents or employees except such loss or damage
<br />which was caused by the sole negligence or willful misconduct of Licansor. In the event
<br />Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall
<br />represent Licensor in such legal action unless Licensor undertakes to represent itself as
<br />codefendant in such legal action, in which event Licensor shall bear its own litigation
<br />costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless,
<br />and pay all costs for the defense of the Licensor, including fees and costs for special
<br />counsel to be selected by Licensor, regarding any action by a third party challenging the
<br />validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by reason
<br />of the terms of, or effects arising from this Agreement. Licensor may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />
<br />Section 4.02 Insurance
<br />In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee
<br />shall obtain and furnish to Licensor, a policy of general public liability insurance,
<br />commercial general liability insurance including motor vehicle coverage covering the
<br />License Area and Licensee's Facilities. The policy shall indemnify Licensee and
<br />Licensor, their officers, agents and employees, while acting within the scope of their
<br />duties, against any and all claims arising out of or in connection with the License Area
<br />and Licensee's Facilities, and shall provide coverage in not less than the following
<br />amount: combined single limit bodily injury, personal injury and property damage,
<br />liability, of $2,000,000 per occurrence. The City also requires an Additional Insured
<br />Endorsement, as attached and incorporated herein as Exhibit C. The policy shall name
<br />Licensor, its agents, officers, employees and volunteers as Additional Insureds, and shall
<br />specifically provide that any insurance coverage which may be applicable to the License
<br />Area and Licensee's Facilities shall be deemed excess coverage and that Licensee's
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