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<br />while in, upon, about, or in any way connected with the Leased Premises or the Site during the term of this <br />Lease or 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 include the duty to <br />defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein <br />shall be constructed to require Lessee to indemnify City, its Council, officers, boards, commissions, agents <br />and employees against any responsibility or liability in contravention of Section 2782 of the California <br />Civil Code. <br />6.02 Insurance. <br />(a) Workers' Compensation. Lessee shall procure and maintain at all times during <br /> <br /> <br />the term ofthis Lease and any holdover tenancy thereof Workers' Compensation Insurance in conformance <br /> <br /> <br />with the laws of the State of California and F ederallaws where app\icable. Employers' Liability Insurance <br /> <br /> <br />shall not be less than One Million Dollars ($1,000,000.00) per accident or disease. Prior to commencement <br /> <br /> <br />of the term of the Lease, Lessee shall deliver to Lessor a Certificate of Insurance which shall stipulate that <br /> <br /> <br />thirty (30) days advance written notice of cancellation or material change shall be given to Lessor. <br /> <br /> <br />(b) Bodilv Iniury, Death and Property Damage Liability Insurance. Lessee shall <br /> <br /> <br />also procure and maintain at all times during the term of this Lease, and any holdover tenancy thereof, <br /> <br /> <br />comprehensive broad form Commercial General Liability Insurance (including automobile operation) <br /> <br /> <br />covering Lessee for any liability arising out of the use of, or occurring in, on, or about the Leased Premises. <br /> <br /> <br />The policy(ies) shall include coverage for all vehicles, licensed or unlicensed, on or off the Leased <br /> <br /> <br />Premises, used by or on behalf of Lessee during the term of this Lease or holdover tenancy thereof. The <br /> <br /> <br />policy(ies) shall be subject to a limit for each occurrence of THREE MILLION and 00/100 DOLLARS <br /> <br /> <br />($3,000,000.00) naming as an additional insured, in connection with Lessee's activities, Lessor, its <br /> <br /> <br />councilmembers, officers, employees and agents. Such policies may be satisfied through an umbrella <br /> <br /> <br />policy. <br /> <br />Inclusion of Lessor as an additional insured shall not in any way affect its right as respects to any <br /> <br />claim, demand, suit or judgment made, brought or recovered against Lessee. <br /> <br />Lease Agreement-Communications Site - PGE Tower (Redwood Shores Parkway and Radio Road) - Final Rev3 (5/18/07) <br /> <br />9 <br />