Agmt24 Peet's Coffee, Inc. (2600 Broadway)

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(iv) Damage to the Licensee Property. The Licensee hereby waives any recovery of damages against the City (including their employees, officers, directors, agents, or representatives) for loss or damage to any personal property, including, but not limited to the Licensee's Improvements. (v) The minimum limits of policies of insurance required of the Licensee under this License Agreement shall in no event limit the liability of the Licensee under this Agreement. All policies required hereunder shall be endorsed to: (i) name the City as additional insured; (ii) be primary insurance as to all claims thereunder and provide that any insurance carried by the City is excess and is non-contributing with any insurance requirement of Licensee; (iii) provide that such insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to the City; and (iv) contain a waiver of subrogation and cross -liability endorsement or severability of interest clause acceptable to the City. B. All policies required hereunder shall also provide for severability of interests and that an act or omission of one of the named insureds, which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Sudden and accidental pollution coverage in the liability policies required hereunder shall be limited to losses resulting from Licensee's use of the Licensed Area under this Agreement. C. Prior to Effective Date of this License Agreement, Licensee shall deliver to the City certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to the City, evidencing the coverages required hereunder, together with complete copies of the policies at the City's request. In the event the Licensee shall fail to procure such insurance, or to deliver such policies or certificates, the City may procure, at its option, the same for the account of Licensee, and the cost thereof shall be paid to the City within five (5) days after delivery to Licensee of bills therefore. D. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs are included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. E. Should any of the required insurance be provided under a claims made form, the Licensee shall maintain such coverage continuously throughout the Term and, without lapse, for a period of three (3) years beyond the License Agreement expiration or termination, to the effect that should any occurrences during the Term give rise to claims made after expiration or termination of the License Agreement, such claims shall be covered by such claims -made policies. F. The Licensee's compliance with the provisions of this Section shall in no way relieve or decrease Licensee's indemnification obligations under this License Agreement or any of the Licensee's other obligations hereunder. Notwithstanding anything to the contrary in this License Agreement, this License Agreement shall terminate immediately, without notice to REV: 05-16-24 VR ATTY/AGR.2024.067/Peet's Coffee (2600 Broadway) (Page 6 of 23)