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6.3.B. - Page 24 Attachment 3 <br />Y .r <br />(6) Notice of Changes in Plans_ On completion of any <br />Improvement, Lessee shall give the Lessor notice of all changes in plans and specifications made during <br />the course of the work and shall at the same time deliver to the Lessor "as built" drawings accurately <br />reflecting all such changes; provided, no change that substantially alters the final plans last approved by the <br />Lessor shall be made without the Lessor's prior written approval, which shall not be unreasonably <br />withheld or delayed. <br />(d) Lessee shall fully comply with' any landscaping requirements or <br />conditions included as part of any governmental approval of Lessee's use of the Leased Premises, <br />including all maintenance, repair and replacement provisions. <br />a I nq ji• I r 16 Id WA wt R I ► N Q t:• <br />6.01 IndemniiX This Lease is made upon the express condition that Lessee shall <br />indemnify, defend and keep and save harmless City, its Council, council members, officers, agents and <br />employees against any and all claims, suits, actions, liability, loss, damage, expense, costs (including, <br />without limitation, costs and fees of litigation) of every nature, kind and description, which may be <br />brought against or suffered or sustained by, City, its Council, council members, officers, boards, <br />commissions, agents, or employees caused by any act or omission to act of Lessee, its officers, agents or <br />employees, while in, upon, about, or in any way connected with the Leased Premises or the Emerald Lake <br />Hills Water Tank Property during the term of this Lease or any holdover tenancy thereof, except where <br />caused by the negligence or willful misconduct of Lessor, its employees or agents. <br />The duty of Lessee to indemnify and save harmless, as set forth herein, <br />shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, <br />however, that nothing herein shall be constructed to require Lessee to indemnify City, its Council, <br />officers, boards, commissions, agents and employees against any responsibility or liability in <br />contravention of Section 2782 of the Caliibmia Civil Code. <br />6.02 kmmu . <br />(a) Workers' Compensation. Lessee shall procure and maintain at all <br />times during the term of this Lease and any holdover tenancy thereof Workers' Compensation Insurance in <br />conformance with the laws of the State of California and Federal laws where applicable. Employers' <br />Liability Insurance shall not be less than One Million Dollars ($1,000,000.00) per accident or disease. <br />Prior to commencement of the term of the Lease, Lessee shall deliver to Lessor a Certificate of Insurance <br />a <br />