Laserfiche WebLink
agents, employees, or contractors, including, but not limited to City Business as defined <br />in Section 17 below, except for Claims arising out of (i) the negligence or willful <br />misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of <br />law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any <br />duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the <br />Premises which LESSOR has no obligation to repair or maintain. <br />12. INSURANCE. <br />A. In accordance with the provisions of Section 3300 of the Labor <br />Code, if LESSEE has any employees it is required to be insured against liability for <br />worker's compensation or to undertake self-insurance. Prior to commencing <br />performance of this Agreement, LESSEE agrees to obtain and maintain employer's <br />liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no <br />employees, nor workers' compensation coverage, it must execute a Declaration available <br />from LESSOR, and update as is necessary. <br />B. LESSEE shall obtain, at its sole cost, a policy or policies of <br />commercial general liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. <br />Such insurance shall: (1) name LESSOR, its officers, agents, <br />representatives, employees and volunteers as additional insureds (see sample Exhibit C); <br />(2) be primary with respect to insurance or self-insurance programs maintained by <br />LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain <br />standard separation of insured's provisions; and (4) give to LESSOR prompt and timely <br />notice of claim made or suit instituted arising out of LESSEE'S operations hereunder. <br />LESSEE shall: (a) prior to exercising any right under this Agreement, <br />furnish properly executed certificates of insurance and additional insured endorsement to <br />LESSOR which shall clearly evidence all coverages required above; (b) provide that such <br />insurance shall not have its required limits reduced or terminated except on thirty (30) <br />days prior written notice to LESSOR; (c) maintain such insurance for the period covered <br />by this Agreement; and (d) replace such certificates for policies expiring prior to the <br />expiration of this Agreement. <br />13. INTERFERENCE. LESSEE's Facilities shall not disturb the <br />communications configurations, equipment, and frequency, which exist on the Property <br />on the date this Agreement is fully executed (``Pre-Existing Communications"), or public <br />safety communication operations, as may be upgraded periodically, and LESSEE's <br />Facilities shall comply with all non-interference rules of the Federal Communications <br />Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the <br />Property in any way, which interferes with LESSEE's use of the Premises or encroaches <br />upon the Premises. In addition to any other rights LESSEE may have hereunder, <br />LESSEE shall have the right to bring legal action to enjoin such interference against the <br />party causing any alleged interference and/or immediately terminate this Agreement. <br />25G-11 <br />