AgdaPkt 2013-07-22 - Laserfiche WebLink

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6.1. G. - Page 18 agencies with relevant regulatory authority), whether or not said laws are expressly stated herein, and (ii) shall, at Grantee's sole cost and expense, obtain and maintain all necessary permits and licenses for Grantee's Project to the extent required for its use of the Easement Area. c. Liens. Grantee shall pay, when due, all persons furnishing labor or materials in connection with Grantee's Project within the Easement Area, and shall keep the Easement Area free and clear of any related mechanics' liens. Grantee shall provide Grantor at least ten (10) days' prior written notice when any labor is performed, supplies furnished or services rendered within the Easement Area and Grantor shall have the right to post thereon notices of non- responsibility. If any lien is filed, Grantee shall cause such lien to be released and removed within ten (10) days after the date of filing, and if Grantee fails to do so, Grantor may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it (unless Grantee has commenced an action to contest, dispute or defend the claims of lienholders and has provided Grantor with written notice of the pendency of the action), and Grantee shall reimburse Grantor for reasonable actual amounts expended in connection with removing such lien together with interest thereon at the California Local Agency Investment Fund interest rate, from the date of expenditure. 3. Indemnification. Grantee shall indemnify, defend, reimburse and hold harmless Grantor its governing City Council, officers, employees, volunteers and agents, and each of them ("Indemnified Parties"), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind ("Claims"), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the Easement Area or any part thereof during construction of Grantee's Project, (b) any failure by Grantee faithfully to observe or perform any of the terms, covenants or conditions of this Agreement, (c) the use of the Easement Area or any activities conducted thereon by Grantee, (d) any release or discharge into the environment, or threatened release or discharge into the environment, of any Hazardous Material caused or allowed by Grantee on, in, under or about the Easement Area. Notwithstanding the foregoing, Grantee shall have no duty to indemnify Grantor from and against Claims resulting directly from the sole negligence or willful misconduct of Grantor or its authorized representatives. Grantee's duty to indemnify includes, without limitation, Claims for reasonable attorneys', experts' and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the Indemnified Parties. Grantee's obligations under this Section shall survive termination of this Agreement. 4. Insurance. Grantee shall maintain the following insurance coverage during the term of this Agreement: ATTY/AGR/2013.060/SBSA REDWOOD CRK EASEMENT REV: 07-10-13 VR Page 3 of 12