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<br /> (6) Notice of Chani:es in Plans. On completion of any
<br /> Improvement, Lessee shall give the Lessor notice of all changes in plans and specifications made during
<br /> the course of the work and shall at the same time deliver to the Lessor "as built" drawings accurately
<br /> reflecting all such changes; provided, no change that substantially alters the final plans last approved by the
<br /> Lessor shall be made without the Lessor's prior written approval, which shall not be unreasonably
<br /> withheld or delayed.
<br /> (d) Lessee shall fully comply with any landscaping requirements or
<br /> conditions included as part of any governmental approval of Lessee's use of the Leased Premises,
<br /> including all maintenance, repair and replacement provisions.
<br /> 6. INDEMNITY AND INSURANCE.
<br /> 6.01 Indemnity. This Lease is made upon the express condition that Lessee shall
<br /> indemnify, defend and keep and save harmless City, its Council, council members, officers, agents and
<br /> employees against any and all claims, suits, actions, liability, loss, damage, expense, costs (including,
<br /> without limitation, costs and fees of litigation) of every nature, kind and description, which may be
<br /> brought against or suffered or sustained by, City, its Council, council members, officers, boards,
<br /> commissions, agents, or employees caused by any act or omission to act of Lessee, its officers, agents or
<br /> employees, while in, upon, about, or in any way connected with the Leased Premises or the Emerald Lake
<br /> Hills Water Tank Property during the term of this Lease or any holdover tenancy thereof, ~yr,ept where
<br /> caused by the negligence or willful misconduct of Lessor, its employees or agents.
<br /> The duty of Lessee to indemnify and save harmless, as set forth herein,
<br /> shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br /> however, that nothing herein shall be constructed to require Lessee to indemnify City, its Council,
<br /> officers, boards, commissions, 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 maintain at all
<br /> times during the term of this Lease and any holdover tenancy thereof Workers' Compensation Insurance in
<br /> conformance with the laws of the State of California and Federal laws where applicable. Employers'
<br /> Liability Insurance shall not be less than One Million Dollars ($1,000,000.00) per accident or disease.
<br /> Prior to commencement of the term of the Lease, Lessee shall deliver to Lessor a Certificate of Insurance
<br /> 9.
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