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11/13/2017
<br />G. Indemnity. Permittee agrees to defend, reimburse, indemnify, and hold City
<br />and its City Council, officers, officials, employees, contractors, agents and
<br />representatives (all of the foregoing collectively "Indemnitees") harmless from and
<br />against all actual and alleged liability, loss, cost, claims, demands, causes of action, suits,
<br />legal or administrative proceedings, penalty, deficiency, fine, damage and expense (all of
<br />the foregoing collectively "Claims") resulting from or arising in connection with work, use,
<br />or activities performed by Permittee pursuant to this Permit (including without limitation,
<br />any Claims related to death or injury of any person), whether such work, use, or activities
<br />are performed by the person or property of Permittee, its PDDs, officers, directors,
<br />members, employees, agents, consultants, contractors or subcontractors (collectively,
<br />"Agents"), its invitees, guests customers or business partners (collectively, "Invitees"),
<br />or third persons related to the work, use or activities contemplated by this Permit (together
<br />with Permittee, Agents, and Invitees, the "Permittee Parties"); Claims resulting from or
<br />arising in connection with the failure of Permittee or Permittee Parties to perform work
<br />under this Permit or comply with the terms and conditions of this Permit; Claims resulting
<br />from or arising in connection with the use of any sidewalks, crosswalks and public
<br />thoroughfares or the improvements located thereon by Permittee or Permittee Parties; or
<br />Claims arising as a result of or in connection with any release of any Hazardous Material
<br />in, on, under or about the any property by Permittee, or Permittee Parties, or any other
<br />violation of any Environmental Law by Permittee or Permittee Parties. In addition to
<br />Permittee's obligation to indemnify City, Permittee specifically acknowledges and agrees
<br />that it has an immediate and independent obligation to defend City from any claim that
<br />actually or potentially falls within this indemnity provision even if such allegation is or may
<br />be groundless, fraudulent or false, which obligation arises at the time such claim is
<br />tendered to Permittee by City and continues at all times thereafter. Permittee's
<br />indemnification obligations under this Permit do not apply to any Claims caused solely by
<br />the gross negligence or willful misconduct of any of the Indemnitees. The foregoing
<br />indemnity shall include, without limitation, reasonable attorneys', experts' and
<br />consultants' fees and costs, investigation and remediation costs and all other reasonable
<br />costs and expenses incurred by the Indemnified Parties. Permittee's obligations under
<br />this Section shall survive the expiration or other termination of this Permit. City and City
<br />Indemnified Parties shall have no liability to Permittee or any Permittee Party as the result
<br />of damage or loss to property or injury or death to any such person arising on any
<br />sidewalk, crosswalk, or public thoroughfare or out of the work, use or activities conducted
<br />on any sidewalk, crosswalk, or public thoroughfare, except for damages to Permittee
<br />property caused by the gross negligence or willful misconduct of City.
<br />H. Insurance. During the term of this Permit, Permittee shall maintain the
<br />following insurance coverages. The insurance carrier is required to maintain an A.M. Best
<br />rating of not less than "A:VII":
<br />Commercial General Liability Insurance. Commercial general liability
<br />insurance written on an occurrence basis, on a form that provides
<br />coverage at least as broad as form ISO CG 00 01, covering the insured
<br />Page 5 of 10
<br />ATTY/RESO.0098/CC RESOLUTION FOR PILOT EXTENSION RESO. NO. 15626
<br />REV: 11-03-17 IS MUFF NO. 604
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