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injury, personal injury and property damage arising out of the Licensee's use of
<br />the Licensed Area (which shall include the use described in Section 5 above),
<br />assumed liabilities, or use of the Licensed Area, including contractual liability
<br />coverage for the performance by the Licensee of the indemnity agreements set
<br />forth in this License Agreement, and coverage for damage to the Licensed Area
<br />(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:
<br />$2,000,000 each occurrence. If a general aggregate limit applies, either the
<br />general aggregate limit shall apply separately to this Outdoor Business Activity
<br />and Licensed Area, or the general aggregate limit shall be twice the required
<br />occurrence limit. The General Liability insurance policy shall be endorsed to
<br />name the City, its Council, its officers, agents, employees and volunteers as
<br />additional insureds for ongoing and completed operations, and to state that the
<br />insurance will be primary and not contribute with any insurance or self-insurance
<br />maintained by the City. The Licensee shall submit to the City, along with the
<br />certificate of insurance, a Waiver of Subrogation endorsement in favor of the
<br />City, its officers, agents, employees, and volunteers. The Licensee agrees to
<br />obtain this endorsement, and this provision applies whether or not the City has
<br />received a waiver of subrogation endorsement.
<br />(ii) Workers' Compensation and Employers' Liability. Workers'
<br />compensation policy is written in accordance with the laws of the State of
<br />California. This policy shall include Employer's liability coverage with limits not
<br />less than $1,000,000 per occurrence. The Licensee shall submit to the City, along
<br />with the certificate of insurance, a Waiver of Subrogation endorsement in favor of
<br />the City, its officers, agents, employees, and volunteers.
<br />(iii) Damage to the Licensee Property. Licensee shall be responsible, at its
<br />expense, for separately insuring Licensee's personal property. The Licensee
<br />hereby waives any recovery of damages against the City (including their
<br />employees, officers, directors, agents, or representatives) for loss or damage to
<br />any personal property, including, but not limited to the Licensee's Improvements.
<br />B. Notice of cancellation and Failure to Maintain Coverage. This insurance shall not
<br />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
<br />anything to the contrary in this License Agreement, this License Agreement shall
<br />terminate immediately, without notice to Licensee, upon the lapse of any required
<br />insurance coverage without prior written notice.
<br />C. Other Requirements. All policies required hereunder shall not reduce or void the
<br />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
<br />arose) in whole or in part during the policy period. Sudden and accidental pollution
<br />coverage in the liability policies required hereunder shall be limited to losses resulting
<br />from Licensee's use of the Licensed Area under this Agreement.
<br />REV: 01-16-26 VR
<br />ATTY/AGR.2026.008/TW Bay Inc. (2644 Broadway) (Page 6 of 32)
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