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DO NOT RECORD <br />Lessee shall protect, defend, indemnify and save and hold harmless Agency, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, <br />expenses, costs (including without limitation costs and fees of litigation of any nature) <br />v-ising out of or in connection with Lessee's performance of this Agreement or Lessee's <br />failure to comply with any of Lessee's obligations contained in the Agreement by Lessee, <br />its officers, agents or employees except such loss or damage which was caused by the <br />sole negligence or willful misconduct of Agency. In the event Agency is named as co- <br />defendant, Lessee shall notify Agency of such fact and shall represent Agency in such <br />legal action unless Agency undertakes to represent itself as co-defendant in such legal <br />action, in which event Agency shall bear its own litigation costs, expenses and attorney's <br />fees. <br />and Agency, their officers, agents and employees, while acting within the scope of their <br />Section 4.02 Insurance <br />In addition to the Lessee's covenant to indemnify and hold harmless Agency, Lessee <br />shall obtain and fuunish to Agency, a policy of general public liability insurance, <br />commercial general liability, covering the Property. The policy shall indemnify Lessee <br />duties, against any and all claims arising out of or in connection with the Property and <br />shall provide coverage in not less than the following amount: combined single limit <br />bodily injury, personal injury and property damage, liability, of $1,000,000 per <br />occurrence. The Agency also requires an Additional Insured Endorsement, as attached <br />and incorporated herein as Exhibit 2. The policy shall name the Community <br />Redevelopment Agency, its agents, officers, employees and volunteers as Additional <br />Insureds, and shall specifically provide that any insurance coverage which inay be <br />applicable to the Property shall be deemed excess coverage and that Lessee's insurance <br />shall be primary. Lessee shall be responsible for satisfying any "deductible" contained in <br />the above-mentioned insurance. Lessee is required to give the Agency no less than thirty <br />(30) days notice of cancellation or reduction in coverage. No cancellation provision in <br />any insurance policy shall be construed in derogation of the continuous duty of Lessee to <br />furnish insurance during the term of this Agreement. <br />Section 4.03 Property Insurance <br />Lessee shall provide to Agency, before entering the Property, and shall maintain in force <br />during the entire tern of this Agreement, property insurance with extended coverage <br />endorsements thereon, on the Property in an amount equal to the full replacement cost <br />and/or value thereof; this policy shall contain a replacement cost endorsement naming <br />Lessee as the insured and shall not contain a co-insurance penalty provision. The policy <br />shall contain a special endorsement that such proceeds shall be used to repair or rebuild <br />any such improvements so damaged or destroyed; and if not so used, such proceeds shall <br />be paid to Agency. The proceeds of any such insurance payable to Agency shall be used <br />for rebuilding or repair as necessary to restore the Property at the discretion of Agency. <br />The policy shall name Agency as an Additional Insured.