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16. Compliance with Laws. LICENSEE shall, at its sole cost and expense, conduct and
<br />cause to be conducted all Activities on the City Property allowed hereunder in a safe and
<br />reasonable manner and in compliance with all laws, statutes, ordinances, rules, regulations,
<br />requirement, policies, orders, and standards, of any governmental or other regulatory entity and
<br />all covenants, restrictions and provisions of record, whether presently in effect or subsequently
<br />adopted and whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its
<br />sole cost and expense, procure and maintain in force at all times during its use of the City
<br />Property any and all business and other licenses or approvals necessary to conduct the
<br />activities allowed hereunder. LICENSEE understands and agrees that CITY is entering into this
<br />License in its capacity as a property owner with a proprietary interest in the License Area 5 and
<br />not as a regulatory agency with police powers. LICENSEE further understands and agrees that
<br />no approval by CITY for purposes of this Agreement shall be deemed to constitute approval of
<br />any federal, state, CITY or other local regulatory authority with jurisdiction, and nothing herein
<br />shall limit LICENSEE's obligation to obtain all such regulatory approvals at LICENSEE's sole
<br />cost and expense, or limit in any way CITY's exercise of its police powers.
<br />17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following
<br />insurance coverages. The insurance carrier is required to maintain an A.M. Bet rating of not less
<br />than "A:VII":
<br />A. Commercial General Liability Insurance. Commercial general liability
<br />insurance written on a form that provides coverage at least as broad as form ISO CG 00
<br />01, covering the insured with a duty to defend against claims of bodily injury, personal
<br />injury and property damage arising out of LICENSEE's activities (which shall include the
<br />Activities described in Section 4 above), assumed liabilities, or use of the City Property,
<br />including contractual liability coverage for the performance by LICENSEE of the
<br />indemnity agreements set forth in this Agreement, and coverage for damage to the City
<br />Property (including all improvements in LICENSEE's care, custody, or control), for limits
<br />of liability not less than:
<br />Bodily Injury, Personal Injury and Property Damage:
<br />$1,000,000 each occurrence and $2,000,000 annual aggregate
<br />B. Automobile Liability Insurance. Automobile liability insurance policy on insurance
<br />for CA 0001 with a minimum limit of not less than $1,000,000 per accident. Coverage
<br />shall be applicable to all owned, hired or non -owned vehicles on the City Property.
<br />C. Workers' Compensation and Employers' Liability. 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 />LICENSEE shall submit to City, along with the certificate of insurance, a Waiver of
<br />Subrogation endorsement in favor of City, its officers, agents, employees, and
<br />volunteers.
<br />D. Damage to LICENSEE Property. 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.
<br />Page 7 of 13
<br />REV: 03-13-19 PR
<br />ATTY/AGR.2019.055/PUTNAM LEXUS
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