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<br />3F,j <br /> <br />4. Maintenance. Permittee agrees to maintain the Facilities and the <br /> <br />equipment located thereon in a neat and attractive condition <br /> <br />5. Hold Harmless. Permittee hereby agrees to defend, indemnjfy, and <br /> <br />save harmless City, its Council, boards, commissions, officers, employees and <br /> <br />agents, <br /> <br />from and against any and all claims, suits, actions liability, loss, <br /> <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> <br />of every nature, kind or description, which may be brought against, or suffered or <br /> <br />sustained by, City, its Council, boards, commissions, officers, employees or <br /> <br />agents caused by, or alleged to have been caused by, the negligence, <br /> <br />intentional tortious act or omission, or willful misconduct of Permittee, its officers, <br /> <br />employees or agents in the performance of any services or work pursuant to this <br /> <br />Agreement. <br /> <br />The duty of Permittee to indemnify and save harmless, as set forth herein, <br /> <br />shall include the duty to defend as set forth in Section 2778 of the California Civil <br /> <br />Code; provided, however, that nothing herein contained shall be construed to <br /> <br />require Permittee to indemnify City, its Council, boards, commissions, officers, <br /> <br />employees and agents against any responsibility or liability in contravention of <br /> <br />Section 2782 of the California Civil Code. <br /> <br />6. <br /> <br />Insurance. <br /> <br />Permittee shall acquire and <br /> <br />maintain Workers' <br /> <br />Compensation, employer's liability, commercial general liability, owned and non- <br />owned and hired automåbile liability insurance coverage relating to Permittee's <br /> <br />Services described and authorized herein covering City's risks in form subject to <br /> <br />the approval of the City Attorney. <br /> <br />The minimum amounts of coverage <br /> <br />'- - <br /> <br />4 <br /> <br />-~'--"--------'T <br />