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7.1.E. - Page 5 <br /> representatives, consultants, and agents, along with its transferees, lenders, successors <br /> and assigns, harmless from any liabilities, losses, damages, costs, or expenses (including <br /> attorneys' fees) arising from the performance of the Work (collectively "Indemnity <br /> Obligations "); provided however, the City's Indemnity Obligations shall not include <br /> liabilities, losses, damages, costs, or expenses arising from the mere discovery of <br /> environmental conditions at or beneath the Property. The City's Indemnity Obligations <br /> shall survive the termination of this Agreement. Notwithstanding anything herein to the <br /> contrary, the Indemnity Obligations shall not limit any other rights Regency may have to <br /> an indemnity under equity or law, including, without limitation, those related to the <br /> environmental conditions at, on under or beneath the Property. <br /> 9. The City shall cause its contractors to maintain insurance with respect to the Work in the <br /> following amounts: <br /> a. Comprehensive general liability insurance with a limit of $1,000,000 per <br /> occurrence and $2,000,000.00 in the aggregate for bodily injury, death, and <br /> property damage; <br /> b. Professional Errors and Omissions Insurance in the amount of $1,000,000 per <br /> occurrence; <br /> c. Contractor's Pollution (Legal) Liability in the amount of $1,000,000 per <br /> occurrence; and <br /> d. Workers' compensation insurance as may be required by law. <br /> Prior to commencing the Work, the City's contractors shall provide certificates of such <br /> insurance to Regency naming REG8 Sequoia Station, LLC as additional insured on the <br /> above referenced policies, along with an endorsement to such policies providing that such <br /> insurance is primary insurance and that any other insurance maintained by any of the <br /> additional insureds is excess and non - contributing. <br /> 10. All work in connection with the Work shall be performed between 8:00 a.m. and 6:00 <br /> p.m., Pacific Time, Monday through Friday. In the event the City needs to perform the <br /> Work at other times, the City shall seek approval from Regency. In any exercise of the <br /> license herein granted, the City shall minimize interference with Regency's use, <br /> enjoyment and business operations of and at the Property. <br /> 11. This Agreement shall terminate upon completion of the Work as described in Paragraph <br /> 2, or September 1, 2017 whichever occurs first. <br /> 12. In the event of any action or proceeding brought by any Party against the other under this <br /> Agreement, the substantially prevailing Party as determined by a court of competent <br /> jurisdiction shall be entitled to recover its reasonable attorneys' fees and expenses <br /> (including expert fees) as determined by a court of competent jurisdiction. <br /> 13. Regency may assign or transfer its rights and obligations under this Agreement to any <br /> party without permission of the City; however, the assigning party agrees to provide the <br /> ATTY /AGR/2014.164 /REGENCY - GENERAL SEQUOIA STATION ACCESS AGREEMENT <br /> REV: 09 -04 -14 MLG <br /> Page 3 of 5 <br />