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<br />damage, expense, costs (including, without limitation, costs and <br />fees of litigation) of every nature, kind and description, which <br />may be brought against or suffered or sustained by, City, its <br />Council, councilmembers, officers, boards, commissions, agents, <br />or employees caused by, or alleged to have been caused by, any <br />act or omission to act of Lessee, its officers, agents or <br />employees, while in, upon, about, or in any way connected wi th <br />the Leased Premises or the Emerald Lake Hills Water Tank Property <br />during the term of this Lease or any holdover tenancy thereof, <br />except where caused solely, exclusively and directly by the <br />negligence or willful misconduct of Lessor, its employees or <br />agents. <br /> The duty of Lessee to indemnify and save harmless, as set <br />forth herein, shall include the duty to defend as set forth in <br />Section 2778 of the California Civil Code; provided, however, <br />that nothing herein shall be constructed to require Lessee to <br />indemnify City, its Council, officers, boards, commissions, <br />agents and employees against any responsibility or liability in <br />contravention of Section 2782 of the California Civil Code. <br /> 6.02 Insurance. <br /> (a) Workers' Compensation. Lessee shall procure and <br />maintain at all times during the term of this Lease and any <br />holdover tenancy thereof Workers' Compensation Insurance in <br />conformance with the laws of the State of California and Federal <br />.-/ <br />laws where applicable. Employers' Liability Insurance shall not <br />be less than One Million Dollars ($1,000,000.00) per accident or <br />disease. Prior to commencement of the term of the Lease, Lessee <br />shall deliver to Lessor a Certificate of Insurance which shall <br />stipulate that thirty (30 ) days advance written notice of <br />cancellation or material change shall be given to Lessor. <br />G:\SITES\LEASlNG\S99A \CITYLSE.DOC SITE #599A 12 <br /> "-.'"'''' <br />