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6.3.A. - Page 78
<br /> seeking accommodations, advantages, facilities, privileges, services, or membership in all
<br /> business, social, or other establishments or organizations, on the basis of the fact or perception
<br /> of a person's perceived race, religious creed, color, national origin, ancestry, physical disability,
<br /> mental disability, medical condition (cancer-related or genetic characteristics), marital or domestic
<br /> partner status, gender and/or gender identity, age (40 or over), or sexual orientation (including
<br /> heterosexuality, homosexuality, and bisexuality).
<br /> 13. Liens. LICENSEE shall not permit any liens of any type, including but not limited
<br /> to mechanic's or material men's liens, stop notices or other liens (collectively, "Liens") to be filed
<br /> against the Winslow Lot by reason of any action or inaction by LICENSEE. If any Liens of any
<br /> type are filed against the Winslow Lot during the term of this Agreement as a result, directly or
<br /> indirectly, of any action or inaction by LICENSEE, LICENSEE shall cause the same to be
<br /> discharged of record, by payment of the claim, by posting and recording the bond contemplated
<br /> by the California Civil Code Section 3143, or by other action acceptable to CITY, within 20 days
<br /> after demand by CITY. LICENSEE shall indemnify, hold harmless, and defend CITY and CITY
<br /> Indemnified Parties from and against any and all claims relating to such Liens.
<br /> 14. Compliance with Laws. LICENSEE shall, at its expense, conduct and cause to be
<br /> conducted all activities on the Winslow Lot allowed hereunder in a safe and reasonable manner
<br /> and in compliance with all Laws of any governmental or other regulatory entity (including, without
<br /> limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of
<br /> record, whether presently in effect or subsequently adopted and whether or not in the
<br /> contemplation of the parties ("Laws"). LICENSEE shall, at its sole expense, procure and maintain
<br /> in force at all times during its use of the Winslow Lot any and all business and other licenses or
<br /> approvals necessary to conduct the activities allowed hereunder. LICENSEE understands and
<br /> agrees that CITY is entering into this License in its capacity as a property owner with a proprietary
<br /> interest in the Winslow Lot and not as a regulatory agency with police powers. LICENSEE further
<br /> understands and agrees that no approval by CITY for purposes of this Agreement shall be
<br /> deemed to constitute approval of any federal, state, CITY or other local regulatory authority with
<br /> jurisdiction, and nothing herein shall limit LICENSEE's obligation to obtain all such regulatory
<br /> approvals at LICENSEE's sole cost, or limit in any way CITY's exercise of its police powers.
<br /> 15. Insurance. During the term of this Agreement, LICENSEE shall maintain, or require any
<br /> of its contractors and subcontractors for the Project to maintain, the following insurance coverage:
<br /> A. Liability Insurance. Occurrence-based liability insurance covering third party bodily
<br /> injury, personal injury, and property damage, including injury or damage arising out of
<br /> pollution, with limits not less than $1,000,000 for each occurrence and $2,000,000 annual
<br /> aggregate.
<br /> B. Automobile Liability Insurance. Automobile liability insurance policy with a minimum
<br /> limit of not less than $1,000,000 per accident. Coverage shall be applicable to all owned,
<br /> hired or non-owned vehicles placed, parked or used by and under the control of
<br /> LICENSEE or its contractor(s), subcontractors, consultants, employees, officers, agents
<br /> and invitees This coverage shall be provided on an occurrence based form.
<br /> C. Workers' Compensation and Employers' Liability.Workers' compensation policy written
<br /> in accordance with the laws of the State of California that includes a waiver of subrogation
<br /> in favor of the City. This policy shall include Employer's liability coverage with limits not
<br /> less than $1,000,000 per occurrence.
<br /> ATTY/AGR/2015.146.1/HAMILTON-WINSLOW DDA—LICENSE AGREEMENT
<br /> REV: 10-21-15 VR;GGB Redline 9-29-15 Page7 of 12
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