RecDoc 2009-025915 - Laserfiche WebLink

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indemnify, keep and save harmless Lessor, its Council, councilmembers, officers, agents and employees against any and all claims, suits, actions, liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature, kind and description, which may be brought against or suffered or sustained by Lessor, its Council, councilmembers, officers, boards, commissions, agents, or employees caused by any negligent act or omission to act or willful misconduct of Lessee, its officers, agents or employees, while in, upon, about, or in any way connected with the Leased Premises or the Site during the term of this Lease or any holdover tenancy thereof, except where caused by the active negligence, sole negligence, or willful misconduct of Lessor, its employees or agents. (b) The duty of Lessee to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be constructed to require Lessee to indemnify Lessor, its Council, officers, boards, commissions, agents and employees against any responsibility or liability in contravention of Section 2782 of the CaIifOlnia Civil Code. 6.02 Insurance. (a) Workers' Compensation. Lessee shall procure and maintain at all times during the term of this Lease and any holdover tenancy thereof Workers' Compensation Insurance in conformance with the laws of the State of CalifOlnia and Federal laws where applicable. Employers' Liability Insurance shall not be less than One Million Dollars ($1,000,000.00) per accident or disease. Prior to commencement of the term of the Lease, Lessee shall deliver to Lessor a Certificate of Insurance which shall ATTYfAGR/2008.044 Lease Agreement T-Mobile ]21908 ]5