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<br /> lien on account of an alleged debt of CITY or any notice of lien by a pariy engaged by CITY or CITY's
<br /> contractor or materialmen for work on the buildings shall be filed against the Shopping Center or any part
<br /> thereof, CITY, within ten (10) days after notice of the filing thereof, will cause the same to be discharged
<br /> of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If CITY shall
<br /> fail to cause such lien or notice of lien to be discharged and released of record within the period aforesaid,
<br /> then, in addition to any other right or remedy, Owner may discharge the same either by paying the amounts
<br /> claimed to be due or by procuring the discharge of such lien by deposit or by bonding procedures. Any
<br /> amount so paid by Owner and all costs and expenses, including attorneys' fees and court costs, incurred by
<br /> Owner in connection therewith shall be paid by CITY to Owner on demand.
<br /> (d) CITY sha1L• (i) perform all work in a safe and workmanlike manner consistent with generally accepted
<br /> construction standards; (ii) perform all work in a manner that will not materially interfere with the
<br /> operations of the Owner or its tenants; and (iii) obtain, prior to the commencement of any work, the
<br /> necessary federal, state and municipal permits, licenses and approvals.
<br /> (e) CITY shall install, own, and maintain the System at its own expense. CITY agees; (i) to keep the
<br /> Equipment in good order, repair and condition throughout the term if this Agreement or any renewal, if
<br /> any, and to promptly and adequately repair all damage to the buildings or the Shopping Center caused by
<br /> CITY as a result of its installation, repair, maintenance or removal of the Equipment, including patching
<br /> and painting, at CITY's cost and expense; (ii) to comply with any federal, state and municipal laws, orders,
<br /> rules and regulations applicable to the System and the services provided; and (iii) except as contemplated
<br /> herein, not to disrupt, adversely effect or interfere with any tenant's or occupant's use and enjoyment of
<br /> the common areas of the Shopping Center.
<br /> ( fl All parts of the System and the Equipment shall be and remain the personal property of CITY and may be
<br /> removed by CITY at any time. Upon expiration of this Agreement, CITY shall, at its sole cost and
<br /> expense, remove the System and Equipment. CITY shall repair any and all damage to the buildings caused
<br /> by removal of the System and Equipment, at its sole cost and expense. Removal shall occur at reasonable
<br /> times, in a reasonable manner within ten (10) days after this Agreement has been terminated. Owner shall
<br /> not be liable for damage, theft, misappropriation or loss of any of the Equipment or System.
<br /> Notwithstanding the foregoing, if CITY fails to remove any portion of the System or Equipment in the time
<br /> period provided, Owner may do so at CITY's expense with no liability for damage ar loss.
<br /> (g) Owner shall provide reasonable advance written notice to CITY prior to performing any maintenance or
<br /> other action which might disable or damage the System or Equipment. Notwithstanding the above, Owner
<br /> shall reimburse CITY for any damage to System or Equipment caused by Owner or its principals, partners,
<br /> affiliates, officers, directors, agents, or employees.
<br /> 4. Insurance
<br /> During the term of this Agreement, CITY shall maintain (a) comprehensive insurance with a policy limit of
<br /> at least $2,000,000 to protect Owner against bodily injury or property damage resulting from installation, operation
<br /> ar maintenance of the Equipment on the buildings in the Shopping Center, and (b) Worker's Compensation
<br /> insurance in statutory amounts. Upon written request by Owner, CITY shall provide a certificate of insurance for
<br /> the foregoing policies. All policies written pursuant to this Section shall be with insurers (i) licensed to business in
<br /> the state in which the Shopping Center are located. All policies, including any renewals thereof, shall specify that
<br /> such policy cannot be canceled without at least thirty (30) days written notice and shall show Owner as an additional
<br /> insured.
<br /> 5. Indemni�cation
<br /> CITY agrees to indemnify, defend and save Owner and its principals, partners, affiliates, officers, directors,
<br /> agents and employees harmless from and against any and all loss, cost, damage or claims for damage arising directly
<br /> ar indirectly from the construction, installation and maintenance of the Equipment (except loss or damage arising
<br /> ATTY/AGR/2012.047/Sequoia Stn Right of Entry
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