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8.A. - Page 11 Licensee Initials (b) Licensee acknowledges that City has not made any representations or warranties with respect to the nature, suitability, merchantability, fitness or condition of the Slip or Common Areas, except as expressly set forth herein, and that no such warranties or representations shall be implied. 17. Insurance. Licensee shall, at his/her/its own cost and expense, maintain liability and property damage insurance with an insurance carrier admitted in the State of California with a Best rating of B+ or above with liability limits in amounts sufficient to ensure performance by Licensee of all of the exemption, waiver, hold harmless and indemnity provisions contained in this Agreement, including claims involving premises liability or City's negligence, and shall have City expressly identified in the insurance policy as an additional named insured. Licensee shall, in any event, carry liability insurance and property damage insurance, with accidental pollution coverage, with limits of at least $500,000.00. City requires Licensee to provide evidence satisfactory to City of compliance with Licensee's obligations to insure. Said evidence shall include a copy of the face page of the policy or policies, or Declaration pages, listing coverage amounts, and upon City's request provide a copy of the insurance policy or policies mentioned herein shall be deposited with City at the commencement of this Agreement and each such policy of insurance shall bear the following endorsements: (a) Endorsement precluding cancellation or reduction in coverage before the expiration of thirty (30) days after the insurance carrier shall have mailed notification thereof to City; (b) Endorsement providing that Licensee's insurance coverage shall be primary; (c) Standard cross liability provisions; (d) Endorsement naming the City of Redwood City and all officials, officers, consultants, employees and agents, as additional insureds, as respects the Slip area and Licensee's obligations and operations under this Berthing License Agreement. Licensee's failure to comply with or demonstrate compliance with this provision does not in any way constitute a waiver by City of this provision. 18. Owner's Responsibility for Damage and the Environment. Licensee shall be responsible for and shall promptly, upon demand, pay City for any damage caused to the Docktown Marina by Licensee his or her Vessel, crew, guests, invitees, employees or agents. Licensee shall comply with all laws and regulations now or hereafter in effect concerning the protection of the environment in and around the Docktown Marina and pay City for any damage, expense or liability incurred by City due to Licensee's failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Licensee. 19. No Transfers or Assignments. No right of Licensee relating to or arising out of this Agreement may be assigned or transferred. Any attempted assignment or transfer shall give City the right, but not the obligation, to terminate this Agreement. If Licensee sells, charters, or transfers all or any portion of the Licensee's interest in, or possession of the Vessel, or in any corporate or partnership or joint venture entity which owns the Vessel, all Licensee rights under this Agreement shall terminate automatically. Licensee warrants that Licensee ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT REV:02-21-13 VR Page 7 of 11