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contemplated by the California Civil Code Section 3143, or by other action acceptable to CITY,
<br />within 20 days after demand by CITY. LICENSEE shall indemnify, hold harmless, and defend
<br />CITY and CITY Indemnified Parties from and against any and all claims relating to such Liens.
<br />16. Compliance with Laws. LICENSEE shall, at its expense, conduct and cause to be
<br />conducted all activities on the City Property allowed hereunder in a safe and reasonable manner
<br />and in compliance with all laws, statutes, ordinances, rules, regulations, requirement, policies,
<br />orders, and standards, of any governmental or other regulatory entity and all covenants,
<br />restrictions and provisions of record, whether presently in effect or subsequently adopted and
<br />whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its sole
<br />expense, procure and maintain in force at all times during its use of the City Property any and all
<br />business and other licenses or approvals necessary to conduct the activities allowed hereunder.
<br />LICENSEE understands and agrees that CITY is entering into this License in its capacity as a
<br />property owner with a proprietary interest in the License Area and not as a regulatory agency
<br />with police powers. LICENSEE further understands and agrees that no approval by CITY for
<br />purposes of this Agreement shall be deemed to constitute approval of any federal, state, CITY
<br />or other local regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's
<br />obligation to obtain all such regulatory approvals at LICENSEE's sole cost, or limit in any way
<br />CITY's exercise of its police powers.
<br />17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following
<br />insurance coverage:
<br />A. Commercial General Liabilitv Insurance. Commercial general liability
<br />insurance written on a form that provides coverage at least as broad as form ISO CG 00
<br />01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of
<br />bodily injury, personal injury and property damage arising out of LICENSEE's activities
<br />(which shall include the Activities described in Section 4 above), assumed liabilities, or
<br />use of the City Property, including contractual liability coverage for the performance by
<br />LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for
<br />damage to the City Property (including all improvements in LICENSEE's care, custody,
<br />or control), for limits of liability not less than:
<br />Bodily Injury, Personal Injury: $1,000,000 each occurrence and
<br />$2,000,000 annual aggregate
<br />Property Damage Liability: $300,000 annual aggregate
<br />B. Automobile Liabilitv Insurance. Automobile liability insurance policy with a
<br />minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to
<br />all owned, hired or non -owned vehicles on the City Property.
<br />C. Workers' Compensation and Emolovers' Liabilitv. Workers' compensation policy
<br />written in accordance with the laws of the State of California. This policy shall include
<br />Employer's liability coverage with limits not less than $1,000,000 per occurrence.
<br />D. Damaoe to LICENSEE Prooertv. LICENSEE hereby waives any recovery of
<br />damages against CITY (including its employees, officers, directors, agents, or
<br />representatives) for loss or damage to any structures, tenant improvements and
<br />betterments, fixtures, equipment, and any other personal property because LICENSEE
<br />has elected not to cover such property with insurance.
<br />REV: 08-08-18 PR
<br />Page 7 of 12
<br />ATTY/AGR.2018.191/Devcon Construction Inc.
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