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DO NOT RECORD
<br />(e) Quiet Enjoyment. Lessee shall have quiet possession of the
<br />Property for the entire term hereof, subject to all the provisions of this
<br />Agreement.
<br />Section 3.02 Liens
<br />Lessee will not permit any mechanics' or materiahnens' or other liens to stand against the
<br />Property by reason of any use or occupancy by Lessee, or any person claiming under
<br />Lessee,
<br />ARTICLE 4 — INDEMNITY AND INSURANCE
<br />Section 4.01 Indemnification, Defense, Hold Harmless
<br />Lessee shall protect, defend, indemnify and save and hold harmless Lessor, its officers,
<br />officials, employees, and agents from and against any and all liability, loss, damage,
<br />expenses, costs (including without limitation costs and fees of litigation of any nature)
<br />arising out of or in connection with Lessee's performance of this Agreement or Lessee's
<br />failure to comply with any of Lessee's obligations contained in the Agreement by Lessee,
<br />its officers, agents or employees except such loss or damage which was caused by the
<br />sole negligence or willful misconduct of Lessor. In the event Lessor is named as
<br />codefendant, Lessee shall notify Lessor of such fact and shall represent Lessor in such
<br />legal action unless Lessor undertakes to represent itself as codefendant in such legal
<br />action, in which event Lessor shall bear its own litigation costs, expenses and attorney's
<br />fees. Lessee further agrees to indemnify, hold harmless, and pay all costs for the defense
<br />of the Lessor, including fees and costs for special counsel to be selected by Lessor,
<br />regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief due to personal or property rights arises by reason of the terns of, or
<br />effects arising from this Agreement. Lessor may make all reasonable decisions with
<br />respect to its representation in any legal proceeding.
<br />Section 4.02 Insurance
<br />In addition to the Lessee's covenant to indemnify and hold harmless Lessor, Lessee shall
<br />obtain and furnish to Lessor, a policy of general public liability insurance, commercial
<br />general liability, covering the Property. The policy shall indemnify Lessee and Lessor,
<br />their officers, agents and employees, while acting within the scope of their duties, against
<br />any and all claims arising out of or in connection with the Property and shall provide
<br />coverage in not less than the following amount: combined single limit bodily injury,
<br />personal injury and property damage, liability, of $1,000,000 per occurrence. The City
<br />also requires an Additional Insured Endorsement, as attached and incorporated herein as
<br />Exhibit C. The policy shall name the City of Santa Ana, its agents, officers, employees
<br />and volunteers as Additional Insureds, and shall specifically provide that any insurance
<br />coverage which may be applicable to the Property shall be decnned excess coverage and
<br />that Lessee's insurance shall be primary. Under no circumstances shall the above-
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