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Sent By: Planning & Redev. ; 650 780 0128; Nov-6-00 1 :35PM; 4.. Maintenance: ReDairs: ImDrovement$. (a) Permittee agrees to maintain the Premises and the equipment located thereon in a neat and attractive: condition; and (b) Permittee agrees to pðrform all necessary repairs to the Premises and improvements located thereon and to any and all areas and SUrfaces damaged by Permittee, its agents, guests and/or ínvitees. Permittee further ~rees to install and maintain a fence around the Premises and landscaping along the perimeter of the Premises to the satisfaction of the Planning and Redevelopment Services Department. 5. Hold Harmless. Permittee hereby agrees to defend, indemnify, and save harmless the Agency, its Board, the City of Redwood City (the "City"), its Council, and their respective boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by the Agency, its Board, the City, its Council, and its respective boards, Commissions, officers, employees or agents caused by, or alleged to have bean caused by, the negligence, intentional tortious act or omission, or willful misconduct of Permittee, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. The duty of Permittee to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Permittee to indemnify the Agency, its Board. the City, its Council, and its FJshlredwoodlcouncllGrant-17 F)C5:rg . 10131/O0:1103l00R 3 Page 4