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<br />the performance of maintenance and repairs of any and all structures or public
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<br />improvements, if any, heretofore or hereafter installed and/or constructed in or
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<br />upon the Facilities, the inspection of the Facilities, the use, maintenance, repair
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<br />of adjoining areas or for any other purpose in furtherance of City's use of the
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<br />Facilities. Notwithstanding the foregoing, City shall extend reasonable efforts not
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<br />to interfere with Permittee's use and occupancy of the Facilities in exercising its
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<br />rights under this paragraph.
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<br />4. Maintenance. Permittee agrees to maintain the Facilities and the
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<br />equipment located thereon in a neat and attractive condition
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<br />5. Hold Harmless. Permittee hereby agrees to defend, indemnify, and
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<br />save harmless City, its Council, boards, commissions, officers, employees and
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<br />agents,
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<br />from and against any and all claims, suits, actions liability, loss,
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<br />damage, expense, cost (including, without limitation, costs and fees of litigation)
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<br />of every nature, kind or description, which may be brought against, or suffered or
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<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, intentional
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<br />tortious act or omission, or willful misconduct of Permittee, its officers,
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<br />employees or agents in the performance of any services or work pursuant to this
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<br />Agreement.
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<br />The duty of Permittee to indemnify and save harmless, as set forth herein,
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<br />shall include the duty to defend as set forth in Section 2778 of the California Civil
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<br />Code; provided, however, that nothing herein contained shall be construed to
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<br />require Permittee to indemnify City, its Council, boards, commissions, officers,
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<br />F/sh/Grant-9
<br />FXS:rg
<br />02/03/98
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