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6. 1. D. - Page 6 Licensee. No trust relationship between City and Licensee is created on account of the Security Deposit, and City may commingle the Security Deposit with other funds of City. 7. Compliance with Laws and Regulations a. Laws Licensee shall at all times comply with, and shall pay all costs, expenses, penalties and fines which may be incurred or required to be paid in order to comply with, any and all permitting requirements, laws, statutes, labor codes, ordinances, rules and regulations, including any and all laws or regulations relating to hazardous materials, toxic materials, substances or waste, or public health, safety and welfare and the protection of the environment, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., as amended, covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of San Mateo, City, or other applicable public agency ( "Laws ") which apply to the operation and use of the Farmers' Market Area or any portion thereof, including those requiring additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Farmers' Market Area or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Farmers' Market Area or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the Farmers' Market Area or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic's lien to be filed against the Farmers' Market Area, or any interest of City or Licensee therein, and shall immediately discharge any such lien. b. Rules and Regulations Licensee shall, and shall require that all participants and vendors of the farmers' market, comply with the Rules and Regulations as may be revised by City in its sole discretion from time to time, a current copy of which is attached hereto as Exhibit B and incorporated herein by reference. 8. Exercise of Due Care Licensee shall ensure that Licensee and its participants and vendors, and its and their employees, observe and exercise all necessary caution and discretion so as to avoid personal injuries and property damage. 9. Insurance Licensee shall obtain and maintain for the duration of this Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with use of the Farmers' Market Area by Licensee or its agents, representatives, employees, or subcontractors. The insurance will be obtained from an insurance carrier authorized to do business in the State of California. The insurance carrier is required to have an A.M. Best Rating of not less than "A- VII ": a. Coverages and Limits Licensee, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These ATTY /AGR /2012.029 /FARMERS MARKET LICENSE - KIWANIS REV:03 -15 -12 Page 3 of 14