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16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its <br />respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from <br />and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, <br />injuries and damages to persons and property, including death, arising out of or related to Tenant's <br />use of the Premises, the entry by any Tenant Party on the License Area or surrounding property, <br />or Tenant's breach or default in the performance of any of its obligations under this Agreement; <br />provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any <br />claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any <br />action or proceeding is brought against any Covered Party by reason of any such claim, Tenant, <br />upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with <br />legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent <br />to recovery under any indemnification in this Agreement, and a finding of liability or an obligation <br />to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section <br />16 shall survive the termination or expiration of this Agreement. <br />17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain <br />insurance as described below: <br />Lessee shall procure and maintain for the duration of the contract insurance against claims <br />for injuries to persons or damage to property which may arise from or in connection with the <br />Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by <br />Lessee. <br />MINIMUM SCOPE AND LIMIT OF INSURANCE <br />Coverage shall be at least as broad as: <br />• Commercial General Liability (CGL) Insurance Services Office Form CG 00 01 <br />coverage CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less than <br />$2,000,000 per occurrence, and $4,000,000 in the aggregate. <br />• Worker's Compensation insurance as required by the State of California, with statutory <br />limits and Employer's Liability insurance with limits of no less than $1,000,000 per <br />accident for bodily injury or disease. (This applies to lessees with one or more employees.) <br />• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 <br />(any auto), with combined single limits of $5,000,000. <br />• Property Insurance coverage shall be on a broad form basis against all perils for damage <br />to and loss of property, and tenant improvements or betterments, at full replacement cost <br />with no coinsurance penalty provision. <br />These insurance requirements shall not in any way act to reduce coverage that is broader or <br />includes higher limits than the minimums shown above. If the Lessee maintains broader coverage <br />and/or higher limits than the minimums shown above, the City requires and shall be entitled to the <br />broader coverage and/or the higher limits maintained by the Lessee. Any available insurance <br />proceeds in excess of the specified minimum limits of insurance and coverage shall be available <br />Page 4 of 12 <br />