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6. 1. D. - Page 20
<br />replace, or return property, improvements, or appurtenances. Within three (3) weeks
<br />after the Agreement expires or is earlier terminated, City shall furnish Licensee with an
<br />itemized written statement of the basis for, and amount of, the Security Deposit retained
<br />and its expenditure, and will return any remaining portion of the Security Deposit to
<br />Licensee. No trust relationship between City and Licensee is created on account of the
<br />Security Deposit, and City may commingle the Security Deposit with other funds of City.
<br />7. Compliance with Laws and Regulations
<br />a. Laws Licensee shall at all times comply with, and shall pay all costs,
<br />expenses, penalties and fines which may be incurred or required to be paid in order to
<br />comply with, any and all permitting requirements, laws, statutes, labor codes,
<br />ordinances, rules and regulations, including any and all laws or regulations relating to
<br />hazardous materials, toxic materials, substances or waste, or public health, safety and
<br />welfare and the protection of the environment, the Americans with Disabilities Act of
<br />1990, 42 U.S.C. Sections 12101 et seq., as amended, covenants and restrictions of
<br />record, life and fire safety and similar requirements, including those of the State of
<br />California, the County of San Mateo, City, or other applicable public agency ( "Laws ")
<br />which apply to the operation and use of the Farmers' Market Area or any portion
<br />thereof, including those requiring additions to be made to, or safety appliances or
<br />devices to be maintained or installed in, on or about the Farmers' Market Area or any
<br />portion thereof under any Laws now or hereafter adopted, enacted or made and
<br />applicable to the Farmers' Market Area or any portion thereof, and payment of any fees,
<br />charges or assessments arising out of or in any way related to the Farmers' Market
<br />Area or any portion thereof as a source of adverse environmental impacts or effects.
<br />Licensee shall not permit or suffer any mechanic's lien to be filed against the Farmers'
<br />Market Area, or any interest of City or Licensee therein, and shall immediately
<br />discharge any such lien.
<br />b. Rules and Regulations Licensee shall, and shall require that all
<br />participants and vendors of the farmers' market, comply with the Rules and Regulations
<br />as may be revised by City in its sole discretion from time to time, a current copy of
<br />which is attached hereto as Exhibit "B" and incorporated herein by reference.
<br />8. Exercise of Due Care Licensee shall ensure that Licensee and its
<br />participants and vendors, and its and their employees, observe and exercise all
<br />necessary caution and discretion so as to avoid personal injuries and property damage.
<br />9. Insurance Licensee shall obtain and maintain for the duration of this
<br />Agreement and any and all amendments, insurance against claims for injuries to
<br />persons or damage to property which may arise out of or in connection with use of the
<br />Farmers' Market Area by Licensee or its agents, representatives, employees, or
<br />subcontractors. The insurance will be obtained from an insurance carrier authorized to
<br />do business in the State of California. The insurance carrier is required to have an A.M.
<br />Best Rating of not less than "A- VII ":
<br />ATTY /AGR /2012.028 /FARMERS MARKET LICENSE - ROTARY
<br />REV:03 -15 -12
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