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16. Comaliance with Laws. LICENSEE shall, at its expense, conduct and cause to be
<br /> conducted all activities on the City Property allowed hereunder in a safe and reasonable manner
<br /> and in compliance with all laws, statutes, ordinances, rules, regulations, requirement, policies,
<br /> orders, and standards, of any governmental or other regulatory entity and all covenants,
<br /> restrictions and provisions of record, whether presently in effect or subsequently adopted and
<br /> whether or not in the contemplation of the parties ("Laws"). LICENSEE shall, at its sole
<br /> expense, procure and maintain in force at all times during its use of the City Property any and all
<br /> business and other licenses or approvals necessary to conduct the activities allowed hereunder.
<br /> LICENSEE understands and agrees that CITY is entering into this License in its capacity as a
<br /> property owner with a proprietary interest in the City Property and not as a regulatory agency
<br /> with police powers. LICENSEE further understands and agrees that no approval by CITY for
<br /> purposes of this Agreement shall be deemed to constitute approval of any federal, state, CITY
<br /> or other local regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's
<br /> obligation to obtain all such regulatory approvals at LICENSEE's sole cost, or limit in any way
<br /> CITY's exercise of its police powers.
<br /> 17. Insurance. During the term of this Agreement, LICENSEE 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 LICENSEE's activities
<br /> (which shall include the Activities described in Section 4 above), assumed liabilities, or
<br /> use of the City Property, including contractual liability coverage for the performance by
<br /> LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for
<br /> damage to the City Property (including all improvements in LICENSEE's care, custody,
<br /> or control), for limits of liability not less than:
<br /> Bodily Injury, Personal Injury: $1,000,000 each occurrence and
<br /> $2,000,000 annual aggregate
<br /> Property Damage Liability: $300,000 annual aggregate
<br /> B. Automobile Liabilitv 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 City Property.
<br /> C. Workers' Compensation and Emplovers' Liabilitv. Workers' compensation policy
<br /> written in accordance with the laws of the State of California. This policy shall include
<br /> Employer's liability coverage with limits not less than $1,000,000 per occurrence.
<br /> D. Damaqe to LICENSEE Propertv. LICENSEE 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 LICENSEE
<br /> has elected not to cover such property with insurance.
<br /> ATTY/AGR/2012.190/KAISER(RUDOLPH&SLETTEN)LICENSE AGREEMENT
<br /> REV: 1-18-13 VR
<br /> Page 7 of 12
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