Agmt 14 REG8 Sequoia Station, LLC - License and Access

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� . � �.. representatives, consultants, and agents, along with its transferees, lenders, successors and assigns, harniless from any liabilities, losses, damages, costs, ar�penses (including attorneys' fees) arising from the performance of the Work (collectively "Indemnity Obligations"); provided however, the City's Indemnity Obligations sha11 not include liabilities, losses, damages, costs, or expenses arising from the mere discovery of env'ironmental conditions at or beneath the Properiy. The City's Indemnity Obligations sha11 survive the tennination of this Agreement. Notwithstanding anykhing herein to the contrary, the Indemnity Obligations shall not limit any other rights Regency may have to an indemnity under equity or law, including, without lirnitation, those related to the environmental condirions at,on under or beneath the Properly. 9. The City shall cause its contractors to maintain insurance with respect to the Work in the following amounts: a. Comprehensive general liability insurance with a limit of $1,000,000 per occunence and $2,000,000.00 in the aggregate for bodily injury, death, and P�P�Y damage; b. Professional Errors and Omissions Insurance in the amount of $l,oaa,000 per occurrence; c. Contractor's Pollution (Lega1) Liability in the amount of $1,000,000 per occurrence; and d. Workers' compensation insurance as may be required by law. Prior to commencing the Work, the City's contractors shall provide certificates of such insurance to Regency naming REG8 Sequoia Station, LLC as additional insured on the �above referenced policies,along with an endorsement to such policies pmviding that such insurance is primary insurance and that any other insurance maintained by any of the additional insureds is excess and non-contributing. 10. All work in connection with the Work shall be performed between 8:00 a.m. and 6:Q0 p.m., Pacific Time, Monday through Friday. In the event the City needs to perform the Work at other times, the City sha11 seek approval from Regency. In any exercise of the license herein granted, the City shall minimize interference with Regency's use, enjoyment and business operations of and at the Property. 11. This Agreement sha11 teiminate upon completion of the Work as described in Paragraph 2,or September 1,2017 whichever occurs first. 12. In the event of any action or proceeding brought by any Party against the other under this Agreernent, the substantially prevailing Party as deteimined by a court of competent jurisdiction sha11 be entitled to recover its reasonable attomeys' fees and expenses (including expert fees)as determined by a court of competent jurisdicfiion. 13. Regency may assign or fransfer its rights and obligations uuder this Agreement to any party without permission of the City; however, the assigning party agrees to provide the ATTY/AGR/2014.164/REGENCY-GENERAL SEQ,UOIA STATION ACCESS AGREEMENT REV:09-04-14 MLG Page 3 of 5