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16. Compliance with Laws. LICENSEE shall, at its sole cost and expense, conduct and
<br /> cause to be conducted all Activities on the City Property allowed hereunder in a safe and
<br /> reasonable manner and in compliance with all laws, statutes, ordinances, rules, regulations,
<br /> requirement, policies, orders, and standards, of any governmental or other regulatory entity and
<br /> all covenants, restrictions and provisions of record, whether presently in effect or subsequently
<br /> adopted and whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its
<br /> sole cost and expense, procure and maintain in force at all times during its use of the City
<br /> Property any and all business and other licenses or approvals necessary to conduct the
<br /> activities allowed hereunder. LICENSEE understands and agrees that CITY is entering into this
<br /> License in its capacity as a property owner with a proprietary interest in the License Area and
<br /> not as a regulatory agency with police powers. LICENSEE further understands and agrees that
<br /> no approval by CITY for purposes of this Agreement shall be deemed to constitute approval of
<br /> any federal, state, CITY or other local regulatory authority with jurisdiction, and nothing herein
<br /> shall limit LICENSEE's obligation to obtain all such regulatory approvals at LICENSEE's sole
<br /> cost and expense, or limit in any way CITY's exercise of its police powers.
<br /> 17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following
<br /> insurance coverages. The insurance carrier is required to maintain an A. M. Bet rating of not less
<br /> than "A:VI I":
<br /> A. Commercial General Liability Insurance. Commercial general liability
<br /> insurance written on a form that provides coverage at least as broad as form ISO CG 00
<br /> 01 , covering the insured with a duty to defend against claims of bodily injury, personal
<br /> injury and property damage arising out of LICENSEE's activities (which shall include the
<br /> Activities described in Section 4 above), assumed liabilities, or use of the City Property,
<br /> including contractual liability coverage for the performance by LICENSEE of the
<br /> indemnity agreements set forth in this Agreement, and coverage for damage to the City
<br /> Property (including all improvements in LICENSEE's care, custody, or control), for limits
<br /> of liability not less than:
<br /> Bodily Injury, Personal Injury: $1 ,000,000 each occurrence and
<br /> $2,000,000 annual aggregate
<br /> Property Damage Liability: $300,000 annual aggregate
<br /> B. Automobile Liability Insurance. Automobile liability insurance policy on insurance
<br /> for CA 0001 with a minimum limit of not less than $1 ,000,000 per accident. Coverage
<br /> shall be applicable to all owned, hired or non-owned vehicles on the City Property.
<br /> C. Workers' Compensation and Employers' Liability. Workers' compensation policy
<br /> written in accordance with the laws of the State of California. This policy shall include
<br /> Employer's liability coverage with limits not less than $1 ,000,000 per occurrence. The
<br /> Worker's Compensation policy shall contain an endorsement stating that the insurer
<br /> waives any right to subrogation against the CITY.
<br /> D. Damage to LICENSEE Property. LICENSEE hereby waives any recovery of
<br /> damages against CITY (including its employees, officers, directors, agents, or
<br /> representatives) for loss or damage to any structures, tenant improvements and
<br /> betterments, fixtures, equipment, and any other personal property.
<br /> REV: 08-30-16 RL
<br /> Page 7 of 13
<br /> ATTY/AG R.2016.245/Lexus
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