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6. INDEMNITY AND INSURANCE. <br />6.01 Indemnitv. This Lease is made upon the express condition that Lessee <br />shall indemnify, keep and save harmless City, its Council, councilmembers, officers, <br />agents and employees against any and all claims, suits, actions, liability, loss, damage, <br />expense, costs (including, without limitation, costs and fees of litigation) of every nature, <br />kind and description, which may be brought against or suffered or sustained by City, its <br />Council, councilmembers, officers, boards, commissions, agents, or employees caused <br />by, or alleged to have been caused by, any act or omission to act of Lessee, its officers, <br />agents or employees, while in, upon, about, or in any way connected with the Leased <br />Premises or the Emerald Lake Hills Water Take Property during the term of this Lease or <br />any holdover tenancy thereof, except where caused solely, exclusively and directly by the <br />negligence or willful misconduct of Lessor, its employees or agents. <br />The duty of Lessee to indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein shall be constructed to require Lessee to <br />indemnify City, its Council, officers, boards, commissions, agents and employees against <br />any responsibility or liability in contravention of Section 2782 of the California Civil <br />Code. <br />6.02 Insurance. <br />(a) Workers' Compensation. Lessee shall procure and maintain at all <br />times during the term of this Lease and any holdover tenancy thereof Workers' <br />Compensation Insurance in conformance with the laws of the State of California and <br />Federal laws where applicable. Employers' Liability Insurance shall not be less than One <br />Leasee greement-Communicationssite — 02/02/06 SITE #599A 13 <br />