TRES ESTRELLAS DE ORO, USA, LLC 4 - 2009

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DO NOT RECORD Section 3.02 Improvements Tenant agrees not to install or make any improvements to the Premises without the prior written approval of the City. Tenant agrees to pay all the costs of the installation, operation, maintenance, repair and removal of any improvements on the Premises. Section 3.03 Liens Tenant will not permit any mechanics' or materialmens' or other liens to stand against the Lease Area by reason of any use or occupancy by Tenant, or any person claiming under Tenant. ARTICLE 4 - INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in such legal action unless Landlord undertakes to represent itself as codefendant in such legal action, in which event Landlord shall bear its own litigation costs, expenses and attorney's fees. Tenant further agrees to indemnify, hold harmless, and pay all costs for the defense of the Landlord, including fees and costs for special counsel to be selected by Landlord, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Landlord may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant shall obtain and furnish to Landlord, a policy of general public liability insurance, commercial general liability insurance including motor vehicle coverage covering the Lease Area. The policy shall indemnify Tenant and Landlord, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Lease Area, and shall provide coverage in not less 4