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invitees, guests or business visitors (collectively, "Invitees"), or third persons, relating to any use
<br />or activity under this License Agreement, (b) the use of the Licensed Area or any activities
<br />conducted thereon by the Licensee, its Agents or Invitees, (c) any release or discharge, or
<br />threatened release or discharge, of any Hazardous Material caused or allowed by the Licensee, its
<br />Agents or Invitees, on, in, under or about the Licensed Area, any improvements or into the
<br />environment, or (d) any failure by the Licensee to faithfully observe or perform any terms,
<br />covenants or conditions of this License Agreement; except solely to the extent of Claims
<br />resulting directly from the gross negligence or willful misconduct of Indemnified Parties. In
<br />addition to the Licensee's obligation to indemnify the Indemnified Parties, the Licensee
<br />specifically acknowledges and agrees that it has an immediate and independent obligation to
<br />defend the Indemnified Parties from any claim that actually or potentially falls within this
<br />indemnity provision even if such allegation is or may be groundless, fraudulent or false, which
<br />obligation arises at the time such claim is tendered to the Licensee by any of the Indemnified
<br />Parties and continues at all times thereafter. The foregoing indemnity shall include, without
<br />limitation, reasonable attorneys', experts' and consultants' fees and costs, investigation and
<br />remediation costs and all other reasonable costs and expenses incurred by the Indemnified
<br />Parties. The Licensee's obligations under this Section shall survive the expiration or earlier
<br />termination of this License Agreement. Indemnified Parties shall have no liability to the Licensee
<br />or any of the Licensee's Agents or Invitees as the result of damage or loss to property or injury
<br />or death to any such person arising on the Licensed Area or out of the Licensee's use of the
<br />Licensed Area, except the City shall be liable for damages to the Licensee's property caused by
<br />the sole negligence or willful misconduct of the City.
<br />10. GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE:
<br />A. During the term of this License Agreement, the Licensee shall maintain
<br />the following insurance coverage:
<br />(i) Commercial General Liability Insurance. Commercial general
<br />liability insurance written on a form that provides coverage at least as broad as form ISO CG 00
<br />01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of bodily
<br />injury, personal injury and property damage arising out of the Licensee's use of the Licensed
<br />Area (which shall include the use described in Section 5 above), assumed liabilities, or use of the
<br />Licensed Area, including contractual liability coverage for the performance by the Licensee of
<br />the indemnity agreements set forth in this License Agreement, and coverage for damage to the
<br />Licensed Area (including all improvements in the Licensee's care, custody, or control), for limits
<br />of liability not less than: Bodily Injury, Personal Injury and Property Damage: $1,000,000 each
<br />occurrence and $2,000,000 annual aggregate.
<br />(ii) Automobile Liability Insurance. Automobile liability insurance
<br />policy with a minimum limit of not less than $1,000,000 per accident.
<br />(iii) Workers' Compensation and Employers' Liability. Workers'
<br />compensation policy written in accordance with the laws of the State of California. This policy
<br />shall include Employer's liability coverage with limits not less than $1,000,000 per occurrence.
<br />The Licensee shall submit to the City, along with the certificate of insurance, a Waiver of
<br />Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
<br />REV: 05-16-24 VR
<br />ATTY/AGR.2024.067/Peet's Coffee (2600 Broadway) (Page 5 of 23)
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