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Section 3.02 Liens <br />Tenant will not permit any mechanics' or materialmens' or other liens to stand against the <br />Premises 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, and <br />commercial general liability covering the Premises. The policy shall indemnify Tenant <br />and Landlord, their officers, agents and employees, while acting within the scope of their <br />duties, against any and all claims arising out of or in connection with the Premises and <br />shall provide coverage in not less than the following amount: combined single limit <br />bodily injury, personal injury and property damage, liability, of $1,000,000 per <br />occurrence. The City also requires an Additional Insured Endorsement, as attached and <br />incorporated herein as Exhibit B. The policy shall name the City of Santa Ana, its <br />agents, officers, employees and volunteers as Additional Insureds, and shall specifically <br />provide that any insurance coverage which may be applicable to the Premises shall be <br />deemed excess coverage and that Tenant's insurance shall be primary. Under no <br />circumstances shall the above-mentioned insurance contain a "deductible" or any other <br />similar form of limitation on the required coverage. Tenant is required to give the <br />Landlord no less than thirty (30) days notice of cancellation or reduction in coverage. No <br />4