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25F - TAXI SRVS AT SARTC
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01/04/2011
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25F - TAXI SRVS AT SARTC
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Last modified
1/3/2012 3:55:29 PM
Creation date
12/30/2010 11:02:39 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
1/4/2011
Destruction Year
2016
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DO NOT RECORD <br />(j) Subcontractors to be used by Licensee are subject to Licensor's prior <br />approval. Any subcontractor performing work for Licensee upon <br />Licensor's Property must have commercial general liability insurance <br />coverage and name the City of Santa Ana as an additionally insured. <br />(k) Licensee shall provide taxicab service at SARTC from 5:00 a.m. to 12 <br />Midnight on a daily basis. Peak periods of 6am to 9am and 3pm to 7pm, <br />Monday through Friday will have a minimum of three taxis, with five <br />being the preferred service level. <br />(1) Licensee shall maintain its Orange County Taxi Administration Program <br />(OCTAP) licensing and certification. Failure to maintain such OCTAP <br />certification shall be reason for Licensor to terminate this Agreement. <br />Section 3.02 Liens <br />Licensee will not permit any mechanics' or materialmens' or other liens to stand against <br />the License Area by reason of any use or occupancy by Licensee, or any person claiming <br />under Licensee. <br />ARTICLE 4 - INDEMNITY AND INSURANCE <br />Section 4.01 Indemnification, Defense, Hold Harmless <br />Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its <br />officers, officials, employees, and agents from and against any and all liability, loss, <br />claim, damage, expense, cost (including without limitation costs and fees of litigation of <br />any nature) arising out of or in connection with Licensee's use or occupancy of the <br />License Area, or from the conduct of its business, or from any activity, work or thing <br />which may be permitted or suffered by Licensee in or about the License Area, or from <br />Licensee's failure to comply with any of Licensee's obligations contained in the <br />Agreement by Licensee, its officers, agents or employees except such loss or damage <br />which was caused by the sole negligence or willful misconduct of Licensor. In the <br />event Licensor is named as codefendant, Licensee shall notify Licensor of such fact and <br />shall represent Licensor in such legal action unless Licensor undertakes to represent itself <br />as codefendant in such legal action, in which event Licensor shall bear its own litigation <br />costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless, <br />and pay all costs for the defense of the Licensor, including fees and costs for special <br />counsel to be selected by Licensor, regarding any action by a third party challenging the <br />validity of this Agreement, or asserting that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arises by reason <br />of the terms of, or effects arising from this Agreement. Licensor may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />Section 4.02 Insurance <br />25F-8
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