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5. Licensee Parties. Licensee, together with its employees, subcontractors, agents,
<br />representatives, and all persons entering the License Area, by or through or at the direction of Licensee,
<br />are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the
<br />Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
<br />6. Fee. Licensee is exempt from the City's license fee for the use of the License Area. As
<br />consideration for this Agreement, Licensee shall perform work on behalf of the City related to the 146802
<br />Warner (Main to Oak) construction project. Licensee's work consists of converting overhead power lines
<br />to underground facilities under Rule 20A, utilizing City allocated fimding
<br />7. AS -IS Condition. City makes no representation or warranty of any kind as to the
<br />condition of the License Area or any other matter relating to Licensee's use of the License Area.
<br />Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and
<br />conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will
<br />be on the basis of Licensee's own investigation of the condition of the License Area. The license to use
<br />the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or
<br />warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee
<br />hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or
<br />use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe
<br />condition at the time of Licensee's use and Licensee shall be responsible for determining whether the
<br />License Area is in such condition. In connection therewith, in the event that the License Area or access
<br />thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City
<br />shall have no obligation or duty to repair the damage or rectify the condition to make the License Area
<br />usable or safe.
<br />8. Insurance. Licensee shall secure or cause its agents or contractors performing any entry
<br />onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain
<br />or cause to be maintained during the term of this Agreement, insurance coverage as follows:
<br />a. Commercial General Liability Insurance. Licensee shall maintain commercial general
<br />liability insurance which shall include, but not be limited to, protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the
<br />total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
<br />be primary and not contributory with respect to insurance or self-insurance programs maintained by the
<br />City; and (c) contain standard separation of insureds provisions.
<br />b. Worker's Compensation Insurance as required by California law.
<br />C. Comprehensive Automobile Liability Coverage, including as applicable owned, non -
<br />owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined
<br />single limit, written in an occurrence form.
<br />Notwithstanding the above, Licensee may elect to self -insure this insurance requirement.
<br />9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective
<br />agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any
<br />and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
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