|
be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of
<br />Landlord or Tenant in their respective premises described herein.
<br />16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its
<br />respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties")
<br />from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or
<br />liabilities, injuries and damages to persons and property, including death, arising out of or related
<br />to Tenant's use of the Premesis, the entry by any Tenant Party on the License Area or
<br />surrounding property, or Tenant's breach or default in the performance of any of its obligations
<br />under this Agreement; provided, however, that Tenant will not be obligated to indemnify the
<br />Covered Parties from any claims arising solely from the gross negligence or willful misconduct
<br />of a Covered Party. If any action or proceeding is brought against any Covered Party by reason
<br />of any such claim, Tenant, upon receipt of written notice from Covered Party, shall defend the
<br />same'at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment
<br />shall not be a condition precedent to recovery under any indemnification in this Agreement, and
<br />a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty
<br />to defend. The provisions of this Section 16 shall survive the termination or expiration of this
<br />Agreement.
<br />17. INSURANCE: Throughout the Tenn or any Extension Period, Tenant shall maintain
<br />insurance as described below:
<br />a. Commercial General Liability Insurance: Commercial general liability
<br />insurance for injury to person (including death) or damage to property occurring within the
<br />building arising out of the use and occupancy thereof by Tenant, its licensees, employees,
<br />invitees, agents and customers. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom,
<br />and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s); (b) be primary and not contributory with respect to
<br />insurance or self-insurance programs maintained by the City; and (c) contain standard separation
<br />of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a
<br />combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of
<br />Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing
<br />the performance of the work under this Agreement, Tenant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />
<br />City Council
<br /> 12 – 7
<br />2/ 1 /2022
<br />
<br />
|