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(ii) Workers' Compensation and Employers' Liability. Workers' <br />compensation policy is 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 />(iii) Damage to the Licensee Property. Licensee shall be responsible, at <br />its expense, for separately insuring Licensee's personal property. The Licensee hereby waives <br />any recovery of damages against the City (including their employees, officers, directors, agents, <br />or representatives) for loss or damage to any personal property, including, but not limited to the <br />Licensee's Improvements. <br />B. Notice of cancellation and Failure to Maintain Coverage. This insurance <br />shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have <br />been given to the City per the Notices provisions of this agreement. Notwithstanding anything to <br />the contrary in this License Agreement, this License Agreement shall terminate immediately, <br />without notice to Licensee, upon the lapse of any required insurance coverage without prior <br />written notice. <br />C. Other Requirements. All policies required hereunder shall not reduce or <br />void the coverage as to any insured, and shall afford coverage for all claims based on acts, <br />omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in <br />whole or in part during the policy period. Sudden and accidental pollution coverage in the <br />liability policies required hereunder shall be limited to losses resulting from Licensee's use of the <br />Licensed Area under this Agreement. <br />D. Providing Certificates of Insurance and Endorsements. Prior to Effective <br />Date of this License Agreement, Licensee shall deliver to the City certificates of insurance and <br />additional insured policy endorsements from insurers in a form satisfactory to the City, <br />evidencing the coverages required hereunder, together with complete copies of the policies at the <br />City's request. <br />E. Claims Made Insurance. Should any of the required insurance be provided <br />under a claims made form, the Licensee shall maintain such coverage continuously throughout <br />the Term and, without lapse, for a period of three (3) years beyond the License Agreement <br />expiration or termination, to the effect that should any occurrences during the Term give rise to <br />claims made after expiration or termination of the License Agreement, such claims shall be <br />covered by such claims -made policies. <br />11. TERMINATION: <br />A. This License Agreement may be terminated at any time by the City or the <br />Licensee for any reason, upon ten (10) business days' written notice. <br />B. This License Agreement shall terminate immediately upon the breach by <br />the Licensee of any terms and conditions of this License Agreement or any terms and conditions <br />imposed during the Renewal Term. <br />REV: 08-21-24 VR <br />ATTY/AGR.2024.138/Curry Village Food (2039 Broadway) (Page 6 of 25) <br />