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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 <br /> related to Tenant's use of the Premises, the entry by Tenant or entity invited by Tenant on the <br /> Premises or surrounding property, or Tenant's breach or default in the performance of any of tis <br /> obligations under this Agreement; provided, however, that Tenant will not be obligated to <br /> indemnify the Covered Parties from any claims arising solely from the negligence or willful <br /> misconduct of a Covered Parry. If any action or proceeding is brought against any Covered <br /> Party by reason of any such claim, Tenant, upon receipt of written notice from Covered Party, <br /> shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered <br /> Parry. Payment shall not be a condition precedent to recovery under any indemnification in this <br /> Agreement, and a finding of liability or an obligation to indemnify shall not be a condition <br /> precedent to the duty to defend. The provisions of this Section 15 shall survive the termination <br /> or expiration of this Agreement. <br /> 17. INSURANCE: Tenant shall procure and maintain, for the duration of the Agreement, <br /> insurance against claims for injuries to persons or damage to property which may arise from or <br /> in connection with the Tenant's operation and use of the Premises. The cost of such insurance <br /> shall be borne by Tenant. <br /> a. Minimum Scope and Limit of Insurance <br /> (1) Commercial General Liability(CGL). Insurance Services Office("ISO")Form <br /> CG 00 01 covering CGL on an "occurrence" basis, including products and <br /> completed operations,property damage, bodily injury and personal & advertising <br /> injury with limits no less than $2,000,000 per occurrence and $4,000,000 <br /> aggregate. <br /> (2) Workers' Compensation. As required by the State of California, with Statutory <br /> Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 <br /> per accident for bodily injury or disease. <br /> (3) Property Insurance. Coverage shall be on a broad form basis against all perils <br /> for damage to and loss of property, and tenant improvements or betterments, at <br /> full replacement cost with no coinsurance penalty provision. <br /> (4) Broader Coverage. These insurance requirements shall not in any way act to <br /> reduce coverage that is broader or includes higher limits than the minimums <br /> shown above. If Tenant maintains broader coverage and/or higher limits than the <br /> minimums shown above, the City requires and shall be entitled to the broader <br /> coverage and/or the higher limits maintained by the Tenant. Any available <br /> insurance proceeds in excess of the specified minimum limits of insurance and <br /> coverage shall be available to the City. The insurance provided under this <br /> Agreement shall not contain any restrictions or limitations which are inconsistent <br /> with City's rights under this Agreement. <br /> b. Other Insurance Provisions <br /> Page 4 of 11 <br /> City Council 19 — 6 7/16/2024 <br />