Agmt17 Safeway, Inc license and access

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representatives, consultants, and agents, along with its transferees, lenders, successors and assigns, harmless from any liabilities, losses, damages, costs, or expenses (including attorneys' fees) arising from the performance of or in connection with the Work (collectively "Indemnity Obligations"); provided however, the City's Indemnity Obligations shall not include liabilities, losses, damages, costs or expenses arising from the mere discovery of environmental conditions at or beneath the Property (but shall include liabilities, losses, damages, costs or expenses arising from the exacerbation or worsening of such conditions arising from the performance of or in connection with the Work). The City's Indemnity Obligations shall survive the termination of this Agreement. Notwithstanding anything herein to the contrary, the Indemnity Obligations shall not limit any other rights Safeway may have to an indemnity under equity or law, including, without limitation, those related to the environmental conditions at, on under or beneath the Property or the other tracts of land in the shopping center of which the Property is a part and which Safeway owns. 11. The City shall cause its contractors to maintain insurance with respect to the Work in the following amounts: a. Comprehensive general liability insurance with a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, death, and property damage; b. Professional Errors and Omissions Insurance in the amount of $1,000,000 per occurrence; c. Contractor's Pollution (Legal) Liability in the amount of $1,000,000 per occurrence; and d. Workers' compensation insurance as may be required by law. The contractor's insurance (other than Workers' compensation insurance) shall endorse Safeway hic. as an additional insured on a primary and non-contributory basis. Prior to the commencement of the Work, the City shall deliver to Safeway certificates of all insurance, and all endorsements thereto, required to be obtained and maintained by the City's contractors hereunder, showing that such policies are in full force and effect in accordance with this Paragraph 11, and all such certificates shall be signed by a person authorized by the insurer to bind coverage on the insurer's behalf. 12. The Work shall be performed between the hours of 10:00 p.m. and 5:00 a.m., Pacific Time, Monday through Friday only. In the event the City needs to perform the Work and at other times, the City shall seek prior written approval from Safeway. In the exercise of the license herein granted, the City shall minimize interference with Safeway's use, enjoyment, and business operations of and at the Property. 13. This Agreement shall automatically terminate without further action of the Parties hereto upon completion of the Work or twelve (12) months after the Effective Date hereof, whichever occurs first. The Work will be deemed completed upon the City's abandonment of the wells pursuant to Paragraph 9. Promptly upon request, the City agrees to provide written confirmation of such termination to Safeway. Page 4 of 10 REV: 10-18-17 MI ATTY/AGR.2017.235/Safeway, Inc. - Access Agreement