|
b.) Athens shall maintain and repair the License Area, including the removal of all trash, debris and
<br />waste material. If Athens causes any damage to the Premises, it shall properly repair the same to
<br />the satisfaction of the City. If Athens fails to so repair, City may repair and deduct the cost of
<br />such repair from the next monthly payment for Athens provision of sweeping services.
<br />8. LIENS
<br />Athens will not permit any mechanics' or materialmens's of other liens to stand against the Premises
<br />by reason of any use or occupancy by Athens or any agent or representative of Athens.
<br />INDEMNITY AND INSURANCE
<br />Athens shall protect, defend, indemnify and save and hold harmless City, its officers, officials,
<br />employees, and agents from and against any and all liability, loss, damage, expenses, costs (including
<br />without limitation costs and fees of litigation of any nature) arising out of or in connection with Athens'
<br />failure to comply with any obligations contained in this License Agreement by Athens, its officers, agents or
<br />employees except such loss or damage which is caused by the sole negligence or willful misconduct of City.
<br />Athens further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by City, regarding any action by a third party asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
<br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />Insurance
<br />In addition to the Athens' covenant to indemnify and hold harmless City, Athens shall obtain and furnish to
<br />City, a policy of general public liability insurance, commercial general liability, covering the Premises. The
<br />policy shall indemnify Athens and City, their officers, agents and employees, while acting within the scope
<br />of their duties, against any and all claims arising out of or in connection with the Premises and shall provide
<br />coverage in not less than the following amount: combined single limit bodily injury, personal injury and
<br />property damage, liability, of $1,000,000 per occurrence. The policy shall name the City of Santa Ana, its
<br />agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any
<br />insurance coverage which may be applicable to the Premises shall be deemed excess coverage and that
<br />Athens' insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a
<br />"deductible" or any other similar form of limitation on the required coverage. Athens is required to give the
<br />City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision
<br />in any insurance policy shall be construed in derogation of the continuous duty of Athens to furnish
<br />insurance during the term of this Agreement.
<br />Property Insurance
<br />Athens shall provide to City, before entering the Premises, and shall maintain in force during the entire term
<br />of this Agreement, property insurance with extended coverage endorsements thereon, on the Premises in an
<br />amount equal to the full replacement cost and/or value thereof; this policy shall contain a replacement cost
<br />endorsement naming Athens as the insured and shall not contain a co-insurance penalty provision. The
<br />policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such
<br />improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to City. The
<br />proceeds of any such insurance payable to City shall be used for rebuilding or repair as necessary to restore
<br />the Premises at the discretion of City. The policy shall name the City of Santa Ana as an Additional Insured.
<br />The policy or policies shall also contain the following endorsements:
<br />
|