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AgdaPkt 2009-01-26 clsd and reg
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AgdaPkt 2009-01-26 clsd and reg
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Last modified
6/17/2009 9:16:48 AM
Creation date
1/22/2009 3:38:22 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
1/26/2009
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<br />6.18 <br />Page 17 <br /> <br />indemnify, keep and save harmless Lessor, its Council, councilmembers, officers, agents <br /> <br />and employees against any and aU claims, suits, actions, liability, loss, damage, expense, <br /> <br />costs (including, without limitation, costs and fees of litigation) of every nature, kind and <br /> <br />description, which may be brought against or suffered or sustained by Lessor, its Council, <br /> <br />councilmembers, officers, boards, commissions, agents, or employees caused by any <br /> <br />negligent act or omission to act or willful misconduct of Lessee, its officers, agents or <br /> <br />employees, while in, upon, about, or in any way connected with the Leased Premises or <br /> <br />the Site during the term of this Lease or any holdover tenancy thereof, except where <br /> <br />caused by the active negligence, sole negligence, or willful misconduct of Lessor, its <br /> <br />employees or agents. <br /> <br />(b) The duty of Lessee to indemnify and save harmless, as set forth <br /> <br />herein, shall include the duty to defend as set forth in Section 2778 of the Califonlia Civil <br /> <br />Code~ provided, however, that nothing herein shall be constructed to require Lessee to <br /> <br />indemnify Lessor. its Council. officers. boards, commissions, agents and employees <br /> <br />against any responsibility or liability in contravention of Section 2782 of the California <br /> <br />Civil Code. <br /> <br />6.02 Insurance. <br /> <br />(a) Workers' Compensation. Lessee shall procure and maintain at all <br /> <br />times during the term of this Lease and any holdover tenancy thereof Workers' <br /> <br />Compensation Insurance in conformance with the laws of the State of CalifOll1ia and <br /> <br />Federal laws where applicable. Employers' Liability Insurance shall not be less than One <br /> <br />Million Dollars ($1,000,000.00) per accident or disease. Prior to commencement of the <br /> <br />term of the Lease, Lessee shall deliver to Lessor a Certificate of Insurance which shall <br /> <br />A ITYIAGR/2008.044 Lease Agreement T-Mobilc <br />121908 <br /> <br />15 <br />
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