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REV: 03-25-24 LF 10.2 If at any time during the Term of this License all or "substantially all" (as described in the preceding subsection 10.1) of the Licensed Area or the improvements located on the Property shall be taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed in lieu of condemnation, then Licensee may terminate this License by providing written notice to Licensor, which termination shall be effective as of the date of the vesting of title in such taking and any prepaid License Fee shall be apportioned as of said date and reimbursed to Licensee. Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking, but in any event, Licensee's award shall be limited to lost improvements investment, relocation, and loss of business. In the event of any taking of less than all or substantially all of the Licensed Area, this License shall continue and each of Licensor and Licensee shall be entitled to pursue their own separate awards with respect to such taking. 11.TAXES. 11.1 Licensee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Communications Facilities. Licensor shall pay when due all real property taxes and all other fees and assessments attributable to the Licensed Area and the Property. However, Licensee shall pay, as additional License Fee, any increase in real property taxes levied against the Property and all use and occupancy taxes, if any, which is directly attributable to Licensee's use of the Property, and Licensor agrees to furnish written documentation of such increase to Licensee. 11.2 Licensor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges that this License may create a possessory interest and Licensee may be subject to property taxes levied on such interest by the appropriate taxing authority, as described in California Revenue and Taxation Code Section 107. Licensee is required to pay any such tax directly to the appropriate taxing authority. 12.INSURANCE, RELEASE AND HOLD HARMLESS. 12.1 Licensee shall obtain and maintain during the term of this Agreement: (a) Commercial General Liability insurance with coverage at least as broad as Insurance Services Office form or its equivalent, protecting Licensee in an amount of Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage, and Four Million Dollars ($4,000,000) general aggregate including personal and advertising injury liability, contractual liability, coverage for explosion, collapse, and underground property damage hazards, and products-completed operations, and premises-operations; (b) Commercial Automobile Liability with limits of One Million Dollars ($1,000,000) combined single limit each accident for bodily injury and property damage; and (c) Environmental Legal Contractors Liability in the amount of $1,000,000 per occurrence and in the aggregate covering third party claims for bodily injury, property damage or cleanup costs as required by law, where the pollution is caused during and by Licensee’s operations under this License. The insurance policies shall include the City, its councilmembers, commissioners, officers, and employees as additional insured as their interest may appear under this License. Coverage must be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. Upon receipt of notice from its insurer, Licensee will provide the City with not less than thirty (30) days prior written notice of cancellation. Licensee shall be responsible for notifying the City of or ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 16 of 46)