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Agmt09 Fresh & Natural
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Last modified
8/5/2009 8:58:49 AM
Creation date
8/5/2009 8:58:48 AM
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Agreement
Contractor Name
Fresh and Natural Food Service
PROJECT NAME
Cafe at RWShores Library
RMP File Number
304
Date
8/4/2009
MO Ref
MO 09-087
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<br />ATTACHMENT 1 <br /> <br />amount covering Licensee's full liability under the Workers' Compensation <br />Act of the State of California as amended from time to time. <br /> <br />(d) Property Insurance, on an ISO Special Coverage Form or its equivalent in <br />an amount sufficient to reimburse Licensee at replacement cost for all of <br />its equipment, trade fixtures, inventory, fixtures and other personal <br />property located on or in the Premises and License improvements <br />hereinafter constructed or installed. Licensor shall be named as an <br />additional insured. <br /> <br />(e) Plate Glass Coverage, in an amount sufficient to replace every panel of <br />glass located within the assigned License Area. <br /> <br />(f) Such other insurance in such amounts which from time to time may be <br />reasonably required by the mutual consent of Licensee and Licensor <br />against other insurable risks relating to performance. <br /> <br />The insurance and the coverage referred to under (a) and (b) of this <br />paragraph shall be endorsed to include the City, its Council members, <br />officers, agent, employees and volunteers as an additional insured. Such <br />a provision, shall apply to products and completed operations hazards as <br />well as ongoing operations. Coverage under (a) and (b) above shall also <br />be endorsed to be primary and not have any right to contribution from <br />other insurance or coverage procured for, or on behalf of, the Licensor. <br />Licensee, upon the execution of this License Agreement, shall furnish <br />Licensor with Certificates of Insurance evidencing compliance with all <br />insurance requirements including copies of the additional insured <br />endorsement, and other required insurance endorsements, as well as <br />endorsement providing thirty (30) day advance written notice to Licensor <br />of any modification, change or cancellation of any of the above insurance <br />coverage. The coverage required herein shall not limit the liability of <br />Licensee, its officers, agents, or employees. <br /> <br />18.2 Licensee's Failure to Maintain Insurance. Licensee agrees that if Licensee does <br />not maintain any insurance policy required under this Agreement or fails to pay <br />any premiums when due, Licensor may, at its election, either terminate this <br />Agreement, require that the Premises be immediately closed for business <br />pending reinstatement of insurance by Licensee, or obtain the necessary <br />insurance and pay the premium and the repayment thereof shall be deemed to <br />be additional license fee due by the Licensee and payable on the next date upon <br />which a payment of license fee is due. <br /> <br />19. REPAIR OR RECONSTRUCTION <br />19.1 In the event of a casualty such as fire, flood or earthquake, accident or other <br />casualty, Licensor shall be under no obligation to repair or reconstruct the <br />License Area or the improvements to the License Area. Licensor shall not be <br />responsible for any loss, damage, or destruction to Licensee's personal property, <br />trade fixtures, merchandise, inventory or equipment. Licensor shall have the <br />right to terminate this License by giving written notice of termination to Licensee <br />within thirty (30) days after the date of the damage or destruction, and Licensee's <br />obligation to pay the license fee and other charges under this License shall <br /> <br />Atty/Agr/2009.049 <br />071108 <br /> <br />13 <br />
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