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<br />7. Waiver of Claims. Permittee waives all claims against the City, its boards, councils,
<br />agents, officers or employees for any damages to Plaintiff's personal property in, upon or about the
<br />Property and for injuries to any employees of Permittee, its employees, agents and contractors in or about
<br />the Property from any cause arising at any time.
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<br />8. Indemnification. Permittee will hold City, its boards, councils, agents, officers or
<br />employees exempt and harmless from any damage or injury to any person, or any property, from any
<br />cause of action arising at any time from the use of the Property by Permittee, its employees, agents and
<br />contractors or from the failure of Permittee, its employees, agents and contractors to keep the Property in
<br />good condition and repair, including but not limited to all claims arising out of the negligence of Permittee,
<br />its employees, agents and contractors.
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<br />Permittee's indemnification will include any and all costs, expenses, attorneys fees and liability
<br />incurred by City, its Council, boards, officers, agents, or employees in defending against such claims,
<br />whether the same proceed to judgment or not.
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<br />Permittee will, at its own expense and upon written request by City, defend any such suit or action
<br />brought against City, its boards, Council, agents, officers or employees. Permittee indemnification will not
<br />be limited by any prior or subsequent declaration by Permittee.
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<br />This section will survive the expiration or termination of this Permit.
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<br />9. Insurance. Prior to the issuance of this Permit, Permittee will show evidence to City that
<br />their homeowner's insurance policy is current and has a liability limit of at least $100,000. Should
<br />Permittee engage the services of a contractor or contractors for any activities related to this Permit, then
<br />prior to the issuance of this Permit, Permittee will be required to provide evidence that the contractor(s)
<br />maintains commercial general liability insurance in the amount of $1,000,000 per insurable event.
<br />Permittee will further be required to submit an original endorsement from the contractor(s)' insurer naming
<br />the City its Council, boards, officers, commissions, employees, and agents, as additional insureds.
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<br />If Permittee or Permittee's contractor(s) fails to maintain any of the insurance coverage required
<br />herein, then City will have the option to revoke this Permit, or may purchase replacement insurance or pay
<br />the premiums that are due on existing policies in order that the required coverage may be maintained.
<br />Permittee is responsible for any payments made by City to obtain or maintain such insurance and City
<br />may collect the same from Permittee.
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<br />10. Venue. Permittee agrees and hereby stipulates that the proper venue and jurisdiction for
<br />resolution of any disputes between the parties arising out of this Permit is San Mateo County, California.
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<br />11. Compliance with Laws. Permittee shall comply with all laws concerning use and
<br />occupancy of the Property including, without limitation, the obligation at Permittee's cost to maintain or
<br />restore the Property in compliance with, and in conformance to, any and all laws relating to the condition,
<br />use, or occupancy of the Property.
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<br />12. Assiqnment and Nontransferability. Permittee understands and acknowledges that
<br />assignment, sublicensing or transfer of this Permit is absolutely prohibited without the written consent of
<br />City, and any attempt to do so without City's written consent may result in a revocation of the Permit by the
<br />City.
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<br />13. Revocation of Permit. Permittee understands and agrees that this Permit may be
<br />revoked at any time for any reason, including but not limited to, Permittee's failure to maintain the Property
<br />as required under this Permit or for failure of Permittee to comply with any of the other terms and
<br />conditions hereof. The determination of Permit revocation shall be within the sole discretion of City and
<br />shall be in addition to the right to terminate without cause pursuant to the provisions of Section 2 hereof.
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<br />Atty/Permits/Park Encroachment Permit
<br />071904
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