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