|
T FRSFF's Facilities shall he cnnstnicted and maintained in a manner and with materials
<br /> LESSEE'S Facilities shall be constructed and maintained in a manner and with materials
<br /> that are consistent with the approved plans for the project. The materials actually used must
<br /> match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE,
<br /> LESSEE'S employees, agents, contractors, subcontractors and assigns with access to the
<br /> Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE.
<br /> LESSOR represents and warrants that it has full rights of ingress to and egress from the
<br /> Premises, and hereby grants such rights to LESSEE to the extent required to constrict, maintain,
<br /> install and operate LESSEE'S Facilities on the Premises, and to remove them therefrom.
<br /> LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway
<br />
<br /> to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR.
<br /> Except in cases of emergency, LESSEE agrees to provide twenty-four (24) hours notice to
<br /> LESSOR before any installation, maintenance, replacement or repair is to take place on the
<br /> Premises. In the event that maintenance is required, such as the repainting of LESSEE'S
<br />
<br /> Facilities, such maintenance must be completed by LESSEE within thirty (30) days.
<br /> 11. INDEMNIFICATION.
<br /> A. LESSEE'S Indemnity. LESSEE shall indemnify, defend and hold
<br /> LESSOR, its officers, employees, successors and assigns harmless from and against any and all
<br /> loss, cost, claim, liability ("Claims") occurring on the Premises and azising out of or connected
<br /> with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or
<br /> contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR,
<br /> its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by
<br /> LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation
<br /> by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE
<br /> has no obligation to repair or maintain.
<br /> B. LESSOR'S Indemnity. LESSOR shall indemnify, defend and hold
<br /> LESSEE, its officers, employees, successors and assigns hazmless from and against any and all
<br /> loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected
<br /> with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or
<br /> contractors, including, but not limited to City Business as defined in Section 17 below, except for
<br /> Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents,
<br /> employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or
<br /> contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or
<br /> (iv) any condition relating to the Premises which LESSOR has no obligation to repair or
<br /> maintain.
<br /> 12. INSURANCE.
<br /> A. In accordance with the provisions of Section 3300 of the Labor Code, if
<br /> LESSEE has any employees it is required to be insured against liability for worker's
<br /> compensation or to undertake self-insurance. Prior to commencing performance of this
<br /> Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not
<br /> less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation
<br /> coverage, it must execute a Declaration available from LESSOR, and update as is necessazy.
<br /> 25G-6
<br />
<br />
|