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TO LICENSEE: <br />The Grain Project <br />Attention: Nick Spain <br />P.O. Box 572 <br />Santa Ana, CA 92702 <br />Telephone (714) 953-5513 <br />INSURANCE <br />A. Licensee, and every contractor Licensee hires, shall each maintain commercial <br />general liability insurance with a combined single limit of not less than <br />$1,000,000 per occurrence covering the License Area. Such insurance shalt: (1) <br />name the City of Santa Ana, its officers, agents, employees, and volunteers as <br />additional insureds; (2) be primary with respect to insurance or self-insurance <br />programs maintained by the Licensor, and (3) contain standard separation of <br />insureds provisions. <br />B. Licensee shall, prior to and as a condition precedent of exercising any rights under <br />this License, (i) furnish properly executed certificates of insurance to the <br />Licensor, which certificates shall clearly evidence all coverages required in <br />Section 7(a) of this Agreement, and agree that such insurance shall not be <br />materially changed or terminated except upon 30 days prior written notice to the <br />Licensor, (ii) attach a completed and signed copy of the Licensor's "Additional <br />Insured Endorsement" form, a copy of which is attached hereto as Exhibit "B", <br />to the certificates of insurance noted above; (iii) maintain such insurance from the <br />commencement date of this License until the Termination date of same; and (iv) <br />replace such certificates of insurance for policies expiring prior to the termination <br />date of this License. <br />6. 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, <br />injuries, death to any person or damage to property, including property and <br />employees, volunteers, officers or agents of Licensor or Licensee, and shall <br />indemnify, defend and hold harmless Licensor, its officers, agents, employees and <br />volunteers from all claims, demands, suits, actions or proceedings of any kind, <br />and shall be responsible for any and all costs and expenses, including but not <br />limited to reasonable attorneys' fees, settlements or judgment, arising out of the <br />construction, reconstruction, maintenance, presence, operation, use, removal or <br />state of repair, of the License Area. <br />7. GOVERNING LAW <br />This License shall be governed by and construed in accordance with the laws of <br />the State of California. <br />NON-EXCLUSIVE LICENSE AGREEMENT <br />Page 5 of 9 <br />