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DO NOT RECORD ARTICLE 4 — INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Licensee shall indemnify, defend, and hold harmless City, its officers, employees, agents and representatives, from and against any and all claims, demands, suits, and causes of action, and from and against all losses and expenses (including attorney's fees,) liability, or consequential damages of any kind or nature arising out of or in connection with the Licensee's (or Licensee's subcontractors, if any) entry on or use of the License Area, other than damages resulting from City's gross negligence. Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Licensor, including fees and costs for special counsel to be selected by Licensor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Licensor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance Licensee shall obtain and furnish to Licensor a policy of commercial general liability insurance including motor vehicle coverage for all vehicles in Licensee's fleet of cars servicing the License Area. The policy shall indemnify Licensee and Licensor, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Area, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence, $2,000,000 in the aggregate. Licensor also requires an Additional Insured Endorsement in substantially similar form as Exhibit C. The policy shall name the City of Santa Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that Licensee's insurance coverage shall be primary. Under no circumstances shall the above - mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to furnish insurance during the tern of this Agreement. Failure to comply with the insurance provisions contained herein shall be deemed an event of default under this Agreement. Licensee shall maintain the required insurance certificates in accordance with the terms of this Agreement as well as pursuant to the Orange County Taxi Administration Program (OCTAP) standards. Section 4.03 Certificates of Insurance; Additional Insured Endorsements 20A -7