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6. TERMINATION OF OCCUPANCY
<br />a. Notwithstanding paragraph 5, this agreement will automatically terminate on
<br />April 30, 2008.
<br />b. Licensee accepts the License Area, in an "as is" condition.
<br />c. In the event Licensee fails, neglects or refuses to remove said personal property
<br />and their improvements and restore the License Area, such removal and
<br />restorations may be performed by Licensor, at the expense of Licensee, which
<br />expense Licensee agrees to pay to Licensor upon demand.
<br />d. Occupancy may be terminated by either party with 30 days written notice to the
<br />other party.
<br />7. INSURANCE
<br />a. Licensee shall maintain commercial general liability insurance, or
<br />equivalent form, with a combined single limit of not less than $1,000,000 per occurrence
<br />covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers,
<br />agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance
<br />or self-insurance programs maintained by the Licensor, and (3) contain standard separation of
<br />insureds provisions.
<br />b. Licensee shall, prior to and as a condition of exercising any rights under
<br />this License Agreement, (i) furnish properly executed certificates of insurance to the Licensor
<br />prior to exercising its rights under this License, which certificates shall clearly evidence all
<br />coverages required above and provide that such insurance shall not be materially changed or
<br />terminated except with 30 days prior written notice to the Licensor (ii) attach a completed and
<br />signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is
<br />attached hereto as Exhibit "A," to the certificates of insurance noted above; (iii) maintain such
<br />insurance from the time the project first commences until completion of the project under this
<br />License; and (iv) replace such certificates for policies expiring prior to the termination of this
<br />License.
<br />8. INDEMNITY
<br />Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents,
<br />employees and volunteers from and against any and all loss or damage, expenses, injuries, death
<br />to any person or damage to property, including property and employees, volunteers, officers or
<br />agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its
<br />officers, agents, employees and volunteers from all claims, demands, suits, actions or
<br />proceedings of any kind, and all costs and expenses, including but not limited to reasonable
<br />attorneys' fees, settlements or judgment, arising out of the construction, reconstruction,
<br />maintenance, presence, operation, use, removal or state of repair, of the License Area.
<br />Acquisition Settlement Agreement
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<br />25T-14
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