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i. Commercial General Liability Insurance. Licensee shall taintain commercial
<br />genera] liability insurance naming the the City of Santa Ana (City) its officers, etployees, agents,
<br />volunteers and representatives as additional insureds) and shall include, but not be limited to, protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom and darnage to
<br />property, resulting from any act or occurrence arising out of Licensee's operations in the performance of
<br />this Agreetent, including, without liritation, acts involving vehicles. The amounts of insurance shall be
<br />not less than the following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000.00 per occurrence. Licensee
<br />shall supply City with a fully executed additional insured endorsement which shall (a) name the City, its
<br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions.
<br />ii. Business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
<br />hired and non-owned automobiles. Licensee shall supply City with a fully executed additional insured
<br />endorsement which shall (a) name the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or
<br />self-insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />iii. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, Licensee, if it has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self-insurance. Prior to coininencing the perfonnance of the work
<br />under this Agreement, Licensee agrees to obtain and maintain any employer's liability insurance with
<br />limits not less than $1 ,000,000 per accident.
<br />iv. The following requirements apply to the insurance to be provided by Licensee
<br />pursuant to this section:
<br />• Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />• Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material during the period that Licensee is
<br />exercising rights pursuant to this Agreement.
<br />v. If Licensee fails or refuses to produce or raintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has been procured and is
<br />in force and paid for, the City shall have the right, at its election, to forthwith terminate this Agreement.
<br />(f) Licensee shall not permit any mechanics', materialn?en's or other liens of any
<br />kind or nature ("Liens") to be filed or enforced against the Property in connection with this Agreement.
<br />Licensee shall indernify, defend and hold harmless City frorn all liability for any and all liens, claims
<br />and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City
<br />reserves the right, at its sole cost and expense, at any tune and frorn time to time, to post and maintain on
<br />the Property, or any portion thereof, or on the improvements on the Property, any notices of non-
<br />responsibility or other notice as may be desirable to protect City against liability. In addition to, and not
<br />as a limitation of City's other rights and remedies under this Agreement, should Licensee fail, within ten
<br />(1 O) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend,
<br />indemnify, and hold hannless City from and against any loss, damage, injury, liability or claim arising out
<br />of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any
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