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<br />Property caused by Licensee, and 3) return the Property to the condition it is in at the
<br />commencement of this License Agreement.
<br />4. INSURANCE. During the term of this License Agreement, Licensee shall maintain, and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance which shall include protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Licensee's operations in
<br />the performance of this Agreement, including without limitation, acts involving vehicles.
<br />The amounts of insurance shall be not less that single limit coverage in the total amount
<br />of $1,000,000.00 per occurrence. Such insurance shall include an additional insured
<br />endorsement which shall (a) name the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s); (b) be primary and not contributory with
<br />respect to insurance or self-insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds provisions.
<br />b. The following requirements shall apply to insurance to be provided by Licensee pursuant
<br />to this Agreement:
<br />(i) Licensee shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this License Agreement.
<br />(ii) Certificates of insurance shall be provided to City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be cancelled or
<br />reduced in coverage or changed in any material aspect without thirty (30) days
<br />prior written notice to the City.
<br />c. If Licensee fails or refuses to produce or maintain the required insurance, or fails to
<br />provide City with required proof that insurance has been procured and is in full force and
<br />paid for, City shall have the right, at its election, to terminate this Agreement.
<br />5. INDEMNITY. All use of and entry upon the Property shall be at the sole cost, risk and
<br />expense of Licensee. Licensee agrees to defend, indemnify and hold the City and its officers,
<br />employees, agents, representatives and volunteers, harmless from and against any and all loss,
<br />damage, injury, liability, claim, cost or expense (including, without limitation, reasonable
<br />attorneys' fees, expert witness fees, court costs and expenses) arising from or attributable to the
<br />activities of Licensee or any of its employees, agents, consultants, contractors, or assignees upon
<br />the Property pursuant to this Agreement. Licensee shall defend, indemnify and hold the City of
<br />Santa Ana and its officers, employees, agents and representatives harmless from and against any
<br />and all such claims, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regarding any action by a third party asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to
<br />personal or property rights arises by reason of the terms of, or effects arising from this
<br />Agreement. City may make all reasonable decisions with respect to its representation in any legal
<br />proceeding.
<br />6. POSSESSORY INTEREST. Licensee hereby recognizes and understands that this
<br />License Agreement may create a possessory interest subject to property taxation and that
<br />Licensee may be subject to the payment of property taxes levied on such interest. Any such
<br />imposition of a possessory interest tax shall be a tax liability of Licensee solely, and shall be paid
<br />8/16/12 - final
<br />25G-6
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