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b. In the event Licensee fails, neglects or refuses to remove said <br />improvements and restore the Easement Area, such removal and restorations may be <br />perfonned by Licensor, at the expense of Licensee, which expense Licensee agrees to pay <br />to Licensor upon demand. <br />7. INSURANCE <br />a. Licensee shall maintain commercial general liability insurance, or <br />equivalent form, with a combined single limit of not less than $5,000,000 per occurrence <br />covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its <br />officers, agents, employees and volunteers as additional insureds; (2) be primary with <br />respect to insurance or self - insurance programs maintained by the Licensor, and (3) <br />contain standard separation of insureds 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 to the Licensor prior <br />to exercising its rights under this License, which certificates shall clearly evidence all coverages <br />required above and provide that such insurance shall not be materially changed or tenninated <br />except on 30 days prior written notice to the Licensor (ii) attach a completed and signed copy of <br />the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as <br />Exhibit `B," to the certificates of insurance noted above; (iii) maintain such insurance from the <br />time the project first commences until completion of the project under this License; and (iv) <br />replace such certificates for policies expiring prior to the termination of this License. <br />8. INDEMNITY <br />Licensee shall indemnify, defend and save 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 save 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 constriction, <br />reconstruction, maintenance, presence, operation, use, removal or state of repair, of the <br />License Area. <br />9. GOVERNING LAW <br />This License shall be governed by and construed in accordance with the laws of the <br />State of California. <br />Page 4 of 5 <br />