|
damage 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. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000.00 per occurrence. Such insurance shall be endorsed as follows: (a) name
<br />the Licensor, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
<br />programs maintained by the Licensor; and (c) contain standard separation of insureds provisions.
<br />(Sample Additional Insured Endorsement attached hereto as Exhibit 2.)
<br />b. The following requirements apply to the insurance to be provided by Licensee
<br />pursuant to this section:
<br />Licensee shall maintain all insurance required above in full force and effect
<br />for the entire period covered by this Agreement.
<br />Certificates of insurance shall be furnished to the Licensor upon execution of
<br />this Agreement and shall be approved in form by the Licensor's Legal
<br />Counsel.
<br />• Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the Licensor.
<br />c. If Licensee fails or refuses to produce or maintain the insurance required by
<br />this section or fails or refuses to furnish the Licensor with required proof that insurance has been
<br />procured and is in force and paid for, the Licensor shall have the right, at its election, to
<br />forthwith terminate this Agreement.
<br />d. Licensee shall not permit any mechanics', materialmen's or other liens of any
<br />kind or nature ( "Liens ") to be tiled or enforced against the Property in connection with this
<br />Agreement. Licensee shall indemnify, defend and hold harmless Licensor from all liability for
<br />any and all liens, claims and demands, together with costs of defense and reasonable attorneys'
<br />fees, arising from any Liens. Licensor reserves the right, at its sole cost and expense, at any time
<br />and from time to time, to post and maintain on the Property, or any portion thereof, or on the
<br />improvements on the Property, any notices of non - responsibility or other notice as may be
<br />desirable to protect Licensor against liability. In addition to, and not as a limitation of Licensoe's
<br />other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of
<br />written request from Licensor, either to discharge any Lien or to bond for any Lien, or to defend,
<br />indemnify, and hold harmless Licensor from and against any loss, damage, injury, liability or
<br />claim arising out of a Lien, then Licensor, at its option, may elect to pay such Lien, or settle or
<br />discharge such Lien and any action or judgment related thereto and all costs, expenses and
<br />attorneys' fees incurred in doing so shall be paid to Licensor, as applicable, by Licensee upon
<br />written demand.
<br />9. INDEMNITY
<br />Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and
<br />volunteers from and against any and all loss or damage, expenses, injuries, death to any person
<br />or damage to property, including property and employees, volunteers, officers or agents of
<br />
|