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<br />(f) Compserv shall not permit any mechanics', materialmen's, or other liens
<br />of any kind or nature ("Liens") to be filed or enforced against the Property in connection with
<br />this Agreement. Compserv shall indemnify, defend, and hold harmless the City from all liability
<br />for any and all liens, claims and demands, together with costs of defense and reasonable
<br />attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at
<br />any time and from time to time, to post and maintain on the Property, or any portion thereof, or
<br />on the improvements on the Property, any notices of non-responsibility or other notice as may be
<br />desirable to protect City against liability. In addition to, and not as a limitation of City's other
<br />rights and remedies under this Agreement, should Compserv fail, within five (5) days of written
<br />request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify,
<br />and hold harmless City from and against any loss, damage, injury, liability or claim arising out of
<br />a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and
<br />any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in
<br />doing so shall be paid to City, as applicable, by Compserv upon written demand.
<br />
<br />(g) Compserv shall not have any interest in the Property or be entitled to any
<br />reimbursement or repayment for any work performed upon the Property pursuant to this
<br />Agreement.
<br />
<br />(h) Compserv shall take all necessary precautions to prevent the import and/or
<br />release into the environment of any hazardous materials which are imported to, in, on or under
<br />the Property during this right of entry. Ifhazardous materials are imported onto the Property,
<br />Compserv shall be solely responsible for removing such imported hazardous materials in
<br />conformance with all governmental requirements. Compserv shall report to the City, as soon as
<br />possible after each incident, any unusual or potentially important incidents with respect to the
<br />environmental condition of the Property.
<br />
<br />3. Indemnity. Compserv hereby agrees to defend, indemnify and hold the City and
<br />its respective officers, officials, members, employees, agents and representatives, harmless from
<br />and against any and all loss, damage, injury, liability, claim, cost or expense (including, without
<br />limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
<br />or attributable to the activities of Compserv or any of its employees, agents, consultants or
<br />contractors upon the Property pursuant to this Agreement. All use of and entry upon the
<br />Property shall be at the sole cost, risk and expense of Compserv.
<br />
<br />4. License Payment. Upon final City approval of this Agreement, Compserv shall
<br />pay to City a license fee of$500.00 payable on the date of this Agreement.
<br />
<br />5. Miscellaneous.
<br />
<br />(a) Choice of Law. This Agreement is to be governed by, and construed in
<br />accordance with, the laws of the State of California.
<br />
<br />(b) Remedies. Either party shall, in addition to all other rights provided
<br />herein or as may be provided by law, be entitled to the remedies of specific performance and
<br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary
<br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
<br />them shall be exclusive of any other, and each party shall have the right to pursue anyone or all
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