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FULL PACKET_2009-12-21
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FULL PACKET_2009-12-21
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1/3/2012 4:12:27 PM
Creation date
12/16/2009 11:28:24 AM
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City Clerk
Doc Type
Agenda Packet
Date
12/21/2009
Destruction Year
2014
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contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; <br /> or (iv) any condition relating to the Premises which LESSEE has no obligation to repair <br /> or maintain. <br /> B. LESSOR's Indemnity. LESSOR shall indemnify, defend and <br /> hold LESSEE, its officers, employees, successors and assigns harmless from and against <br /> any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising <br /> out of or connected with the negligence or willful misconduct of LESSOR, its officers, <br /> 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 /> 5 <br /> <br /> Rosita Park <br /> 25B-7 <br /> <br />
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