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3. General Terms and Conditions
<br />(a.) i. Insurance. Prior to undertaking performance of work under this
<br />Agreement, LICENSEE shall obtain, and maintain for the duration of this Agreement, and shall
<br />require its Contractor to obtain and maintain Commercial General Liability Insurance,
<br />which shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of LICENSEE's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
<br />than the following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence,
<br />$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s); (b) be primary with respect to
<br />insurance or self-insurance programs maintained by the City; and (c) contain standard separation
<br />of insureds provisions.
<br />ii. The following requirements apply to the insurance to be provided by
<br />LICENSEE pursuant to this section:
<br />• LICENSEE shall maintain all insurance required above in full force and effect
<br />for the entire period covered by this Agreement.
<br />• Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />• Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the City.
<br />iii. If LICENSEE fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish CITY with required proof that insurance has
<br />been procured and is in force and paid for, CITY shall have the right, at its election, to forthwith
<br />terminate this Agreement.
<br />(b) LICENSEE shall not permit any mechanics', materialmen's or other liens
<br />of any kind or nature ("Liens") to be filed or enforced against the Property in connection with
<br />this Agreement. LICENSEE shall indemnify, defend and hold harmless CITY, its officers,
<br />employees and agents, from all liability for any and all liens, claims and demands, together with
<br />costs of defense and reasonable attorneys' fees, arising from any Liens. CITY reserves the right,
<br />at its sole cost and expense, at any time and from time to time, to post and maintain on the
<br />Property, or any portion thereof, or on the improvements on the Property, any notices of non-
<br />responsibility or other notice as may be desirable to protect CITY against liability. In addition
<br />to, and not as a limitation of CITY's other rights and remedies under this Agreement, should
<br />LICENSEE fail, within ten (10) days of written request from CITY, either to discharge any Lien
<br />or to bond for any Lien, or to defend, indemnify, and hold harmless CITY from and against any
<br />loss, damage, injury, liability or claim arising out of a Lien, then CITY, at its option, may elect to
<br />pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all
<br />costs, expenses and attorneys' fees incurred in doing so shall be paid to CITY, as applicable, by
<br />LICENSEE upon written demand.
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