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<br />6.1C
<br />Page 14
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<br />ATTACHMENT 1
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<br />discharge in, on, under or about the Premises by Licensee, Licensee's agents,
<br />employees, licensees or invitees or at Licensee's direction, of Hazardous
<br />Material, or by Licensee's failure to comply with any Hazardous Materials Law,
<br />whether knowingly or by strict liability. Licensee's indemnification obligations
<br />shall include, without limitation, and whether foreseeable or unforeseeable, all
<br />costs of any required or necessary Hazardous Materials management plan,
<br />investigation, repairs, cleanup, or detoxification or decontamination of the
<br />Premises or Project, and the presence and implementation of any closure,
<br />remedial action or other required plans, and shall survive the expiration of or
<br />early termination of the License Term. For purposes of the indemnity provided
<br />herein, any acts or omissions of Licensee or its employees, agents, customers,
<br />sublicensees, assignees, contractors or subcontractors of Licensee (whether or
<br />not they are negligent, intentional, willful or unlawful) shall be strictly attributable
<br />to Licensee.
<br />
<br />17. INDEMNIFICATION
<br />17.1 Licensee shall protect, defend, indemnify and hold harmless the Licensor, its
<br />Council members, officers, employees, volunteers, contractors and agents from
<br />any and all actions, causes of action, claims, losses, expenses (including
<br />reasonable attorney's fees and costs), or liability or claims for damages on
<br />account of damage of property or injury to or death of persons, including
<br />Licensee or licensee's employees, patrons, agents, customers, business
<br />invitees and/or any other persons, or damage to property of any kind whatsoever
<br />and to whomsoever belonging, including licensee or Licensee's employees and
<br />patrons, agents, customers, business invitees and/or any other persons, from
<br />any cause resulting from the operations of, construction by licensee, and/or use
<br />of any City area by Licensee or licensee's employees, patrons, agents,
<br />customers, business invitees and/or any other persons, except where caused by
<br />Licensor's active negligence, sole negligence or willful misconduct. licensee's
<br />obligations with respect to indemnification hereunder shall remain effective,
<br />notwithstanding the expiration or termination of this License, as to claims arising
<br />or accruing prior to the expiration or termination of this License.
<br />
<br />18. INSURANCE REQUIREMENTS
<br />18.1 Prior to the opening date, Licensee must provide Licensor the following insurance
<br />requirements. licensee at its sole cost and expense, shall insure its activities in
<br />connection with this Agreement and obtain, keep in force and maintain insurance
<br />as follows:
<br />
<br />(a) Comprehensive or Commercial Form General Liability Insurance that is
<br />at least as broad as the Insurance Service Office (ISO) Form No. CG 00
<br />01 (contractual liability, liability from products and completed operations
<br />and fire legal liability included) with minimum limits as follows .
<br />
<br />1.
<br />
<br />Each Occurrence: Two Million Dollars ($2,000,000)
<br />
<br />2.
<br />
<br />Products/Completed Operations Aggregate: Four million Dollars
<br />($4,000,000)
<br />
<br />3.
<br />
<br />General Aggregate: Four Million Dollars ($4,000,000)
<br />
<br />AttyfAgrl2008.049
<br />090208
<br />
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