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7. Lathrop Property- License Agreement Attachment 1 08/23/2012 Exhibit A without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its sole expense, procure and maintain in force at all times during its use of the City Property any and all business and other licenses or approvals necessary to conduct the activities allowed hereunder. LICENSEE understands and agrees that CITY is entering into this License in its capacity as a property owner with a proprietary interest in the City Property and not as a regulatory agency with police powers. LICENSEE further understands and agrees that no approval by CITY for purposes of this Agreement shall be deemed to constitute approval of any federal, state, CITY or other local regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's obligation to obtain all such regulatory approvals at LICENSEE's sole cost, or limit in any way CITY's exercise of its police powers. 17. Insurance. During the term of this Agreement, LICENSEE shall maintain the following insurance coverage: A. Commercial General Liabilitv Insurance. Commercial general liability insurance written on a form that provides coverage at least as broad as form ISO CG 00 01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of bodily injury, personal injury and property damage arising out of LICENSEE's activities (which shall include the Activities described in Section 3 above), assumed liabilities, or use of the City Property, including contractual liability coverage for the performance by LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for damage to the City Property (including all improvements in LICENSEE's care, custody, or control), for limits of liability not less than: Bodily Injury, Personal Injury and $1,000,000 each occurrence and $2,000,000 annual aggregate Property Damage Liability $300,000 annual aggregate B. Automobile Liabilitv Insurance. Automobile liability insurance policy with a minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to all owned, hired or non-owned vehicles on the City Property. C. Workers' Compensation and Emqlovers' Liabilitv. Workers' compensation policy written in accordance with the laws of the State of California. This policy shall include Employer's liability coverage with limits not less than $1,000,000 pe r occurrence. D. Damaqe to LICENSEE Propertv. LICENSEE hereby waives any recovery of damages against CITY (including its employees, officers, directors, agents, or representatives) for loss or damage to any structures, tenant improvements and betterments, fixtures, equipment, and any other personal property because LICENSEE has elected not to cover such property with insurance. E. Other. 1) The minimum limits of policies of insurance required of LICENSEE under this Agreement shall in no event limit the liability of LICENSEE under this Agreement. Such insurance shall: (i) name CITY as an additional insured; (ii) be primary insurance as to all claims thereunder and provide that any insurance carried by CITY is excess and is non-contributing with any insurance requirement of LICENSEE; (iii) provide that such ATTY/AGR/2012.096/LATHROP PARC LICENSE AGREEMENT REV:07-17-12 VR Page 7 of 12 OB RESO #12-03