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(including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions
<br /> and provisions of record, whether presently in effect or subsequently adopted and whether or
<br /> not in the contemplation of the parties. COUNTY shall, at its sole expense, procure and
<br /> maintain in force at all times during its use of the License Area any and all business and other
<br /> licenses or approvals necessary to conduct the activities allowed hereunder. COUNTY
<br /> understands and agrees that CITY is entering into this License in its capacity as a property
<br /> owner with a proprietary interest in the License Area and not as a regulatory agency with police
<br /> powers. COUNTY further understands and agrees that no approval by CITY for purposes of this
<br /> License shall be deemed to constitute approval of any federal, state, CITY or other local
<br /> regulatory authority with jurisdiction, and nothing herein shall limit COUNTY's obligation to
<br /> obtain all such regulatory approvals at COUNTY's sole cost, or limit in any way CITY's exercise
<br /> of its police powers.
<br /> 25. Chanaes to License Area. CITY reserves the right to temporarily close access to the
<br /> License Area and to make changes to the License Area, from time to time upon thirty (30) days
<br /> written notice to COUNTY, including, without limitatlon, changes in the locations, size, shape
<br /> and number of entrances to the License Area and to the fences, gates and other improvements
<br /> on or benefiting the License Area. However, in the event of an emergency, CITY may make
<br /> such changes without notice to COUNTY.
<br /> 26. Insurance. During the term of this Agreement, COUNTY shall maintain the following
<br /> insurance coverage:
<br /> A. Commercial General Liabilitv Insurance. Commercial general liability
<br /> insurance written on a form that provides coverage at least as broad as form ISO CG 00
<br /> 01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of
<br /> bodily injury, personal injury and property damage arising out of COUNTY's activities
<br /> (which shall include the Activities described in Section 4 above), assumed liabilities, or
<br /> use of the License Area, including contractual liability coverage for the performance by
<br /> COUNTY of the indemnity agreements set forth in this Agreement, and coverage for
<br /> damage to the License Area (including all improvements in COUNTY's care, custody, or
<br /> control), for limits of liability not less than:
<br /> Bodily Injury, Personal Injury and $1,000,000 each occurrence and
<br /> $2,000,000 annual aggregate
<br /> Properly Damage Liability $300,000 annual aggregate
<br /> B. Automobile LiabiliN Insurance. Automobile liability insurance policy with a
<br /> minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to
<br /> all owned, hired or non-owned vehicles on the License Area.
<br /> C. Workers' Comoensation and Em�lovers' Liabilitv. Workers' compensation policy
<br /> written in accordance with the laws of the State of Califomia. This policy shall include
<br /> Employer's liability coverage with limits not less than $1,000,000 per occurrence.
<br /> D. Damaae to COUNTY Prooertv. COUNTY hereby waives any recovery of
<br /> damages against CITY (including its employees, officers, directors, agents, or
<br /> representatives) for loss or damage to any structures, tenant improvements and
<br /> betterments, fixtures, equipment, and any other personal property because COUNTY
<br /> has elected not to cover such property with insurance.
<br /> ATTY/AGR/2072.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:03-12-12 VR
<br /> Page 11 of 17
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