Agmt17 RWC Harbor Communities, LLC

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or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Sudden and accidental pollution coverage in the liability policies required hereunder shall be limited to losses resulting from LICENSEE's activities (and LICENSEE's Agents and Invitees) under this License (excluding nonnegligent aggravation of existing conditions with respect to Hazardous Materials). 5) Prior to the Commencement Date of this License, LICENSEE shall deliver to CITY certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to CITY, evidencing the coverages required hereunder, together with complete copies of the policies at CITY's request. In the event LICENSEE shall fail to procure such insurance, or to deliver such policies or certificates. CITY may, after providing notice to LICENSEE and a 10 day opportunity to cure, procure, at its option, the same for the account of LICENSEE if LICENSEE fails to cure, and the cost thereof shall be paid to CITY within five (5) days after delivery to LICENSEE of bills therefore. 6) 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 are included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. 7) Intentionally Omitted. 8) LICENSEE's compliance with the provisions of this Section shall in no way relieve or decrease LICENSEE's indemnification obligations under this License or any of LICENSEE's other obligations hereunder. 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, if LICENSEE does not cure any lapse with 10 days after notice of said lapse. LICENSEE shall be responsible, at its expense, for separately insuring LICENSEE's personal property. 21. Cessation of Use. LICENSEE will not terminate its activities on the City Property pursuant hereto without prior written notice to CITY. 22. No Joint Ventures or Partnership: No Authorization. This Agreement does not create a partnership or joint venture between CITY and LICENSEE as to any activity conducted by LICENSEE on, in or relating to the City Property. 23. Entire Aereement: Severability. This Agreement contains the sole and complete agreement between the parties relating to the City Property and the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired. 24. Notices. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed by United States registered or certified mail, postage prepaid, return receipt requested, to Page 12 of 17 REV: 05-01-17 JS ATN/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT