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7. TERMINATION OF OCCUPANCY
<br />a. Notwithstanding paragraph 5, this agreement will automatically terminate on
<br />December 31, 2012.
<br />b. Licensee accepts the License Area in an "as is" condition and upon termination
<br />or revocation of this License, Licensee shall, at its own cost and expense,
<br />remove any improvements installed by Licensee and surrender possession of the
<br />License Area to the Licensor in good order and repair and as nearly practicable
<br />to the state and condition in which it existed prior to the grant of this License, to
<br />the satisfaction of Licensor.
<br />c. In the event Licensee fails, neglects or refuses to remove said improvements and
<br />restore the License Area, such removal and restoration may be performed by
<br />Licensor, at the expense of Licensee, which expense Licensee agrees to pay to
<br />Licensor upon demand.
<br />d. Occupancy may be terminated by either party with thirty days written notice to
<br />the other party.
<br />8. INSURANCE
<br />a. Licensee shall maintain commercial general liability insurance, or equivalent
<br />form, with a combined single limit of not less than $1,000,000 per occurrence
<br />covering the License Area. Such insurance shall: (1) name the City of Santa
<br />Ana, its officers, agents, employees and volunteers as additional insureds; (2) be
<br />primary and not contributory with respect to insurance or self- insurance programs
<br />maintained by the Licensor, and (3) contain standard separation of insured's
<br />provisions.
<br />b. Licensee shall, prior to and as a condition of exercising any rights under this
<br />License Agreement, (i) furnish properly executed certificates of insurance and
<br />endorsement to the Licensor prior to exercising its rights under this License,
<br />which certificates shall clearly evidence all coverage's required above and
<br />provide that such insurance shall not be materially changed or terminated except
<br />with 30 days prior written notice to the Licensor; (ii) maintain such insurance
<br />during the entire term of this License Agreement; and (iii) replace such
<br />certificates for policies expiring prior to the termination of this License.
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<br />Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents,
<br />employees and volunteers from and against any and all loss or damage, expenses, injuries,
<br />death to any person or damage to property, including property and employees, volunteers,
<br />officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless
<br />Licensor, its officers, agents, employees and volunteers from all claims, demands, suits,
<br />actions or proceedings of any kind, and all costs and expenses, including but not limited to
<br />reasonable attorneys' fees, settlements or judgment, arising out of the construction,
<br />reconstruction, maintenance, presence, operation, use, removal or state of repair, of the
<br />License Area.
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