Agmt16 City and County of San Francisco - Public Utilities Commission Linden Park

Browse Search

may procure the same for the account of Licensee, and Licensee shall reimburse City for any costs so paid by City within five (5) business days after delivery to Licensee of bills therefor. (e) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. (f) Should any of the required insurance be provided under a claims -made form, Licensee shall maintain such coverage continuously throughout the term of this License and, without lapse, for a period of three (3) years beyond the License expiration or termination, to the effect that should any occurrences during the License term give rise to claims made after expiration or termination of the License, such claims shall be covered by such claims -made policies. (g) Upon City's request, Licensee and City shall periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks comparable to those associated with the License Area, then, at its sole discretion, City may require Licensee to increase the amounts or coverage carried by Licensee hereunder to conform to such general commercial practice. (h) Licensee's compliance with the provisions of this Section shall in no way relieve or decrease Licensee's indemnification or other obligations under this License. Notwithstanding anything to the contrary in this License, this License shall terminate immediately, without notice to Licensee, upon the lapse of any required insurance coverage. At its expense, Licensee shall be responsible for separately insuring Licensee's personal property. 9. Compliance with Laws. At its expense, Licensee shall conduct and cause to be conducted all activities on the License Area permitted by this License in a safe and reasonable manner and in compliance with all Laws of any governmental or other regulatory entity with jurisdiction (including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions, and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. At its sole expense, Licensee shall procure and maintain in force at all times during its use of the License Area any and all business and other licenses or approvals necessary to conduct the activities allowed by this License. Licensee understands and agrees that City is entering into this License in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. Licensee further understands and agrees that no approval by City for purposes of this License shall be deemed to constitute approval of any federal, state, City, or other local regulatory authority with jurisdiction, and nothing in this License shall limit Licensee's obligation to obtain all such regulatory approvals at Licensee's sole cost, or limit in any way City's exercise of its police powers. 10. Covenant to Maintain License Area. Throughout the term of this License, at its sole cost, Licensee shall maintain the License Area at all times in a good, clean, safe, secure, sanitary, and sightly condition, so far as the License Area may be affected by Licensee's activities under this License. In addition, Licensee shall maintain the License Area in a passable condition and free of hazardous conditions including vegetation overgrowth. Licensee shall perform all such operations, maintenance, repair and replacement at its sole cost and expense. 11. Monuments. (a) By its execution and delivery of this License, Licensee acknowledges that the monuments shown on the attached Exhibit B, if any, are in place and in good condition. During the installation of any permitted Facilities pursuant to this License and at all times during Licensee's use of the License Area, Licensee shall protect and safeguard City's monuments. Licensee shall promptly notify City if nmxurzai os+rsu�rrenxwconuaucorunie.....o9 Rev May 2016 "OfPSRI%Dato\RESl,.tg IiddedLhmin\HcdwooJ Cit,i4334\P3134-Re%ncbh Lmenu- Hedum City Lmden PadSL(AIA R\661NG 14.16+ RSH it,rt.fi'_U 161doge