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. . . . .. . . .6_.._.. .. . . . use of the Sublicense Area, including contractual liability coverage for the pertormance by LICENSEE of the indemnity agreements set forth in this Agreement, and coverage for damage to the Sublicense Area (including all improvements in LICENSEE's care, custody, or control), for limits of liability not less than: Bodily Injury, Personal Injury $1,000,000 each occurrence and $2,000,000 annual aggregate Property Damage Liability $300,000 annual aggregate B. Automobile Liability 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 Sublicense Area. 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 per occurrence. Workers' Compensation and Employer's Liability insurance will not be required if LICENSEE has no employees and provides, to the City Risk Manager's satisfaction, a declaration stating this. D. Damaae to LICENSEE Pronerty. 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 insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to CITY; and (iv) contain a waiver of subrogation and cross-liability endorsement or severability of interest clause acceptable to CITY. LICENSEE shall deliver the policy or policies or certificates thereof on or before the Commencement Date, and delivery of such policy or policies shall be a prerequisite to and condition of LICENSEE's right to use the Sublicense Area pursuant to this Agreement. 2) For all liability policies required above, LICENSEE shall cause CITY to be named as a Certificate Holder on Accord-25 Certificates of Insurance that contain language requiring 30 days written notice to CITY in the event of cancellation or material change in any scheduled policy. 3) For all property policies required above, LICENSEE shall cause CITY to be named as a Certificate Holder on Accord 27 Certificates of Insurance that contain language requiring 30 days written notice to CITY in the event of cancellation or material change in any scheduled policy. ATTY/AGR/2013.107DOCKTOWN YACHT CLUB SUBLICENSE AGREEMENT REV:08-21-13 VR Page 8 of 12