CENTRAL PARKING SYSTEM, INC. (PARKING GARAGES -2013)

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members of the public using the Premises, City may require Operator to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. City's requirement shall be reasonable, but shall be designed to assure protection from and against the kind and extent of the risks, which exist at the time a change in insurance is required. City shall notify Operator in writing of changes in the insurance requirements, and if Operator does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty days (60) of receipt of such notice, Operator shall be in default without further notice to Operator, and City shall be entitled to exercise all legal remedies. The procuring of such required policy or policies of insurance should not be construed to limit Operator's liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. 10. INDEMNIFICATION The Operator shall indemnify and hold the City of Santa Ana, its officers, employees and agents harmless from and against: (a) Any and all liability, penalties, losses, damages, costs and expenses, demands, causes of action, claims or judgments arising from or growing out of any injury to any person or persons, or any damage to any property as a result of any accident or other occurrence during the term of this Agreement occasioned by any negligent act or omission of the Operator, its officers, employees, agents, servants, subtenants, concessionaires, licensees, contractors, or arising from or growing out of the negligent use, maintenance, or operation of the Premises during the term of this Agreement. (b) From and against all legal costs and charges, including reasonable attorney's fees, incurred with respect to any of such matters and the defense of any action out of the same, or in discharging the Premises or any part thereof from any and all liens, charges or judgments which may accrue or be placed thereon by reason of any negligent act or omission of the Operator. (c) The Operator shall further indemnify and hold harmless the City from any loss of Gross Revenue due to dishonesty, theft, or negligence of any officer, agent, or employee of the Operator. The Operator may protect itself from such liability for such fidelity losses through higher fidelity bonding of its officers, agents, or employees than is required by this Section, but failure to do so shall in no way relieve the Operator from its obligation to indemnify the City of any such losses. (d) Notwithstanding the foregoing, nothing herein shall be construed to require Operator to indemnify the Indemnified Parties from any Claim arising from the gross negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the 12