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jurisdiction, government, or political subdivision thereof, similar to Section 1542. Licensee
<br />specifically aelmowledges that it is familiar with the provisions of California Civil Code Section
<br />1542 which provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
<br />THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
<br />OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
<br />WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
<br />Licensee Initials:
<br />8. Indemnitv. Licensee shall indemnify, defend, and hold harmless the Covered
<br />Parties from and against any and all actions, suits, claims, demands, judgments, losses, expenses,
<br />or liabilities, injuries and damages to persons and property, including death, arising out of or
<br />related to Licensee's use of the License Area, the placement of the Statue on the License Area,
<br />including the installation and removal thereof, the entry by any Licensee Party on the License
<br />Area or any portion of the Property or surrounding property, or Licensee's breach or default in
<br />the performance of any of its obligations under this Agreement; provided, however, that Licensee
<br />will not be obligated to indemnify the Covered Parties from any claims arising solely from the
<br />negligence or willful misconduct of a Covered Party. If any action or proceeding is brought
<br />against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice
<br />from Covered, shall defend the same at Licensee's expense with legal counsel reasonably
<br />acceptable to Covered. Payment shall not be a condition precedent to recovery under any
<br />indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall
<br />not be a condition precedent to the duty to defend. The provisions of this Section 8 shall survive
<br />the termination or expiration of this Agreement.
<br />9. Insurance.
<br />9.1 Licensee, at Licensee's sole cost and expense, shall maintain in full force
<br />during the entire term of this Agreement, a commercial general liability insurance policy
<br />covering bodily injury, property damage, contractual liability, and personal injury, written on a
<br />per occurrence basis, in an amount not less than Three Million Dollars ($3,000,000). Such
<br />insurance (i) shall be primary insurance and any insurance maintained by First American shall be
<br />excess and non-contributing, (ii) shall name as additional insureds First American Title Insurance
<br />Company and First American Financial Corporation, and, upon request, any other affiliated
<br />entity, (iii) shall contain no special limitations on the scope of protection afforded to Licensee or
<br />any additional insured hereunder, and (iv) shall waive all rights of subrogation and contribution
<br />against First American or any of its affiliates, and their insurers. In no event shall the foregoing
<br />coverage limits affect or limit in any manner Licensee's contractual liabilities or obligations,
<br />including liability for indemnification. No later than seven (7) days after the date of this
<br />Agreement, and thereafter upon renewal or replacement of each required policy, Licensee shall
<br />provide to First American for review and approval written evidence of the insurance coverages
<br />required under this Agreement, which may include without limitation insurance certificates or
<br />binders. Licensee hereby releases and relieves First American, and waives any right to recover
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