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shall be responsible for contracting for and paying for all charges for telephone and internet
<br /> services furnished to the Premises.
<br /> 5. INSURANCE.
<br /> 5. 1 . City. City shall, at City's expense, maintain commercial general liability and
<br /> property insurance or an insurance equivalent (including but not limited to that offered to
<br /> a municipality through and by a joint powers authority, a self-insurance pool of liability
<br /> coverage authorized pursuant to California Government Code Section 6500 or similar
<br /> collective) insuring against liability and personal property damage. City may also carry
<br /> such other insurance as City may deem prudent or advisable, in such amounts and on such
<br /> terms as Fox shall determine.
<br /> 5.2. Fox. Fox shall, at Fox's expense, obtain and keep in force at all times insurance
<br /> insuring the Building and Property, excluding the Improvements, on an occurrence against
<br /> fire and shall be liable for all premiums, deductibles, and self-insured amounts, if any, in
<br /> connection therewith. Fox may also carry such other insurance as Fox may deem prudent
<br /> or advisable, in such amounts and on such terms as Fox shall determine.
<br /> 6. INDEMNITY.
<br /> Except to the extent claims are caused by Fox's negligence or willful misconduct, City shall
<br /> indemnify, protect, defend, and hold harmless Fox and its officers, employees, volunteers, agents,
<br /> contractors and each of their successors and assigns from and against any and all claims,
<br /> judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs,
<br /> reasonable attorneys' fees, expenses and liabilities incurred in the defense of any such claim or
<br /> any action or proceeding brought thereon, arising at any time during or after the Term as a result
<br /> (directly or indirectly) of or in connection with (i) any default in the performance of any obligation
<br /> on City's part to be performed under the terms of this Agreement; or (ii) City's use of the Premises,
<br /> the conduct of City's business or any activity, work or things done, permitted or suffered by City
<br /> in or about the Building, the Premises, the Improvements, the Common Area, or other portions of
<br /> the Property.
<br /> 7. REPAIRS AND MAINTENANCE.
<br /> 7. 1 . Fox's Obligations. Fox, at Fox's expense, shall maintain the Property, Building
<br /> and Premises in good condition and repair. Fox shall make any required repairs in an
<br /> expeditious manner after receipt of written notice from City of the need for such repairs.
<br /> In the event Fox fails, in the reasonable judgment of City, to maintain the Premises in
<br /> good order, condition and repair, City may, upon five days' written notice to Fox, perform
<br /> such maintenance, repairs or refurbishing at Fox's expense, provided Fox fails to do so
<br /> within that five-day period. If City elects to undertake any such repairs or maintenance
<br /> as provided above, then City shall deduct City's actual costs paid or incurred in connection
<br /> therewith from any rent due.
<br /> 7.2. City's Obligations. City, at City's expense, shall maintain all the Improvements,
<br /> as defined below, in good condition and repair.
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<br /> ATTY/AGR/2016.287/FOX THEATER AGREEMENT
<br /> REV: 0-29-16 JS
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