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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 construct, 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 />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 />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, and AGM harmless from and against
<br />any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or
<br />connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees,
<br />or contractors except for Claims arising out of (i) the negligence or willful misconduct of
<br />LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law
<br />by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or
<br />obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises
<br />which LESSEE 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 harmless 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 necessary.
<br />Site #: LA33826B 4
<br />Site Name: City Yard
<br />Date: 09/23/2010
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