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type are filed against the City Property during the term of this Agreement as a result, directly
<br />or 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
<br />days after demand by CITY. LICENSEE shall indemnify, hold harmless, and defend CITY and
<br />CITY Indemnified Parties from and against any and all claims relating to such Liens.
<br />18. Compliance with Laws. LICENSEE shall, at its sole cost and expense, conduct and cause
<br />to be conducted all Activities on the City Property allowed hereunder in a safe and reasonable
<br />manner and in compliance with all laws, statutes, ordinances, rules, regulations, requirement,
<br />policies, orders. and standards, of any governmental or other regulatory entity and all covenants,
<br />restrictions and provisions of record, whether presently in effect or subsequently adopted and
<br />whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its sole cost and
<br />expense, procure and maintain in force at all times during its use of the City Property any and all
<br />business and other licenses or approvals necessary to conduct the activities allowed hereunder.
<br />LICENSEE understands and agrees that CITY is entering into this License in its capacity as a
<br />property owner with a proprietary interest in the City Property and not as a regulatory agency with
<br />police powers. LICENSEE further understands and agrees that no approval by CITY for purposes
<br />of this Agreement shall be deemed to constitute approval of any federal, state, CITY or other
<br />local regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's obligation
<br />to obtain all such regulatory approvals at LICENSEE's sole cost and expense, or limit in any way
<br />CITY's exercise of its police powers.
<br />19. Notice of Enforcement Proceedin> s. LICENSEE agrees to notify CITY in writing within
<br />seven (7) business days of any investigation, order or enforcement proceeding which in any way
<br />relates to the City Property, or to any contamination or suspected contamination on, within, or
<br />underlying the City Property. Such notice shall include a complete copy of any order, complaint,
<br />agreement, or other document which may have been issued, executed or proposed, whether draft or
<br />final.
<br />20. Insurance. During the term of this Agreement, LICENSEE shall maintain the following
<br />insurance coverage:
<br />A. Commercial General Liability Insurance. Commercial general liability insurance
<br />written on a form that provides coverage, on an "occurrence" basis, at least as broad as
<br />form ISO CG 00 covering the insured with a duty to defend against claims of bodily injury,
<br />personal injury and property damage arising out of LICENSEE's activities (which shall
<br />include the Activities described in Section 4 above), assumed liabilities, or use of the
<br />City Property, including contractual liability coverage for the performance by LICENSEE
<br />of the indemnity agreements set forth in this Agreement, and coverage for damage to the
<br />City Property (including all improvements in LICENSEE's care, custody, or control), for
<br />limits of liability not less than:
<br />Bodily Injury, Personal Injury:
<br />Property Damage Liability:
<br />REV: 05-01-1715
<br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT
<br />$2,000,000 each occurrence and
<br />$5,000.000 annual aure>zate
<br />$500,000 annual aggregate
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