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the performance of maintenance and repairs of any and all structures or public
<br />improvements, if any, heretofore or hereafter installed and/or constructed in or
<br />upon the Facilities, the inspection of the Facilities, the use, maintenance, repair
<br />of adjoining areas or for any other purpose in furtherance of City's use of the
<br />Facilities. Notwithstanding the foregoing, City shall extend reasonable efforts not
<br />to interfere with Permittee's use and occupancy of the Facilities in exercising its
<br />rights under this paragraph.
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<br /> 4. Maintenance. Permittee agrees to maintain the Facilities and the
<br /> equipment located thereon in a neat and attractive condition
<br /> 5. Hold Harmless. Permittee hereby agrees to defend, indemnify, and
<br /> save harmless City, its Council, boards, commissions, officers, employees and
<br /> agents, from and against any and all claims, suits, actions liability, loss,
<br /> damage, expense, cost (including, without limitation, costs and fees of litigation)
<br /> of every nature, kind or description, which may be brought against, or suffered or
<br /> sustained by, City, its Council, boards, commissions, officers, employees or
<br /> agents caused by, or alleged to have been caused by, the negligence, intentional
<br /> tortious act or omission, or willful misconduct of Permittee, its officers,
<br /> employees or agents in the performance of any services or work pursuant to this
<br /> Agreement.
<br />
<br /> The duty of Permittee to indemnify and save harmless, as set forth herein,
<br /> shall include the duty to defend as set forth in Section 2778 of the California Civil
<br /> Code; provided, however, that nothing herein contained shall be construed to
<br /> require Permittee to indemnify City, its Council, boards, commissions, officers,
<br />
<br /> Fish/Grant-9 4
<br /> FXS:rg
<br /> 02/03/98
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