|
7/29/02LS
<br />before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that
<br />maintenance is required, such as the replacement of missing branches"or the repainting of the Facility, such
<br />maintenance must be completed by LESSEE within thirty (30) days.
<br />tflil�ITUu �I�ZN:I�I C�S�A
<br />A. Lessee's Indemnity. LESSEE shall indermufy, defend and hold LESSOR its officers,
<br />employees,
<br />successors and assigns harmless from and against any and all loss, cast, claim, liability ("Claims") occurring on
<br />the Promises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers,
<br />agents, employees, or contractors except for Claims arising out of (1) the negligence or willful misconduct of
<br />LESSOR, its officers, agents, employees, or contractors; (ii) violation of law by LESSOR , its officers, agents ,
<br />employees, or contractors; (III) the breach of oily duty or obligation by LESSOR under this Lease; or (iv) any
<br />condition relating to the Promises which LESSEE has no obligation to repair or maintain.
<br />B. Lessor's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers,
<br />employees, successors and assigns harmless from and against mny and all loss, cost, claim, liability ("Claims")
<br />occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR,
<br />its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful
<br />misconduct of LESSEE, its officers, agents, employees, or contractors; (it) violation of law by LESSEE, its officers,
<br />agents, employees, or contractors; (III) the breach of any duty or obligation by LESSEE under this Lease; or (fv)
<br />any condition relating to the Promises which LESSOR has no obligation to repair or maintain.
<br />12. INSURANCE.
<br />A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any
<br />employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.
<br />Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability
<br />insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers'
<br />compensation coverage, it must execute a Declaration available from the City, and update as is necessary.
<br />B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability
<br />insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence,
<br />Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives,
<br />employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance
<br />or self-insurance programs maintained by the City; (3) contain standard separation of insureds provisions, and (4)
<br />give to City prompt and timely notice of claim made or suit instituted arising out of Lessee's operations hereunder,
<br />LESSEE shall: (a) prior to exercising any right under this Agreement, furoish properly executed
<br />certificates of insurance and additional insured endorsement to the City which shall clearly evidence all coverages
<br />required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days
<br />prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
<br />replace such certificates for policies expiring prior to the expiration of this Agreement,
<br />13. INTERFERENCE. LESSEE's facilities shall not disturb the communications configurations,
<br />equipment, and frequency which exist on the Property on the date this Lease is fully executed (".Pre -Existing
<br />Communications") and LESSEE's Facilities shall comply with ' all non-interference rules of the Federal
<br />Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in
<br />any way which interferes with LESSEE's use of the Premises or encroaches upon the Promises, In addition to any
<br />other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such
<br />interference against the party causing any alleged interference. Notwithstanding the foregoing, Pre -Existing
<br />Communications operating in the same manner as on the date this Lease is fully executed shalll not be deemed
<br />
|