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4. FEE.
<br />City shall use the License Area at no cost. However, City shall pay $20 for each card access key
<br />and $20 for any lost/replacement card access key.
<br />5. UTILITIES.
<br />Licensor shall be responsible for providing all utilities consumed or provided in, furnished to or
<br />attributable to the License Area.
<br />6. INSURANCE.
<br />6.1 Qty. City shall, at City's expense, maintain commercial general liability and
<br />property insurance or an insurance equivalent (including but not limited to that offered to a
<br />municipality through and by a joint powers authority, a self insurance pool of liability coverage
<br />authorized pursuant to California Government Code Section 6500 or similar collective) insuring
<br />against liability and personal property damage naming Licensor and Landlord as additional
<br />insured. City may also carry such other insurance as City may deem prudent or advisable, in
<br />such amounts and on such terms as Licensor shall determine.
<br />6.2 Licensor. Licensor shall, at Licensor's expense, obtain and keep in force at all
<br />times insurance insuring the Property on an occurrence against fire and extended coverage
<br />(including, if Licensor elects, "all risk" coverage, earthquake/volcanic action, flood and/or
<br />surface water insurance) and shall be liable for all premiums, deductibles, and self-insured
<br />amounts, if any, in connection therewith. Licensor may also carry such other insurance as
<br />Licensor may deem prudent or advisable, in such amounts and on such terms as Licensor shall
<br />determine.
<br />7. INDEMNITY AND HOLD HARMLESS.
<br />City shall indemnify and hold harmless Licensor from and against all liability, loss, damage,
<br />costs, or expenses arising from or as a result of the death of any person or any accident, injury,
<br />loss, or damage whatsoever caused to any person or property that occurs on the License Area as
<br />a result of any City -related or sponsored use happening thereon or any acts, errors, or omissions
<br />of City, its agents, servants, employees, invitees, or contractors, in connection with this
<br />Agreement.
<br />8. RELEASE OF LIABILITY.
<br />8.1 General Release. City hereby waives, releases, acquits, and forever discharges
<br />Licensor, and its respective agents, directors, officers, employees, shareholders, former and
<br />current partners and members, to the maximum extent permitted by law, of and from any and all
<br />claims, actions, causes of action, demands, rights, liabilities, damages, losses, bodily harm, costs,
<br />expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or
<br />unforeseen, that such releasing party now has or which may arise in the future on account of or
<br />in any way growing out of or connected with the Agreement.
<br />Page 2 of 8
<br />REV: 05-08.17 VR
<br />ATfY/AGR.2017.099/Box Parking License Agreement
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