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License nor grant any interest, privilege, or license in connection with this License, except
<br /> that with Livermore and Pleasanton's written approval, the Authority may assign its rights
<br /> and delegate its duties and obligations under this License to a successor public entity.
<br /> 10. Indemnity
<br /> The Authority agrees to defend, indemnify, and hold Livermore and Pleasanton and their
<br /> respective elected officials, officers, directors, employees, agents, and designated
<br /> volunteers harmless from and against any and all loss, liability, damage, including
<br /> reasonable attorney's fees and /or court costs, arising out of or related to, and to the extent
<br /> proximately caused by, the acts or omissions of the Authority, its employees, contractors,
<br /> agents, representatives or volunteers as a result of the Authority's use of the Licensed
<br /> Areas including the installation and operation of the Equipment on the Premises, the
<br /> installation and operation of the Antenna at the Antenna Site, and the activity and /or
<br /> operation the System, except for the gross negligence and willful misconduct of Livermore,
<br /> Pleasanton, and their respective elected officials, officers, directors, employees, agents,
<br /> and designated volunteers.
<br /> 11. Insurance. The Authority, at its sole cost and expense, shall self- insure, procure,
<br /> and maintain for the duration of this License Agreement, comprehensive general liability
<br /> insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined
<br /> single and aggregate limits for bodily injury and property damage, personal injury, completed
<br /> operations and products liability for claims which may arise from or in connection with the
<br /> Authority's use of the Licensed Areas including the installation and operation of the
<br /> Equipment on the Premises, the installation and operation of the Antenna at the Antenna
<br /> Site, and the activity and operation of the System. The Authority shall insure its personal
<br /> property located on or in the Licensed Areas including the Equipment and Antenna. The
<br /> Authority shall increase said insurance as reasonably required by Livermore's Risk Manager
<br /> during the term of this Agreement.
<br /> 12. Surrender of Licensed Areas. Upon the expiration or termination of this License
<br /> Agreement, the Authority shall surrender the Premises to Livermore, and the Antenna Site
<br /> to Livermore and Pleasanton, and all improvements and alterations thereto, in good
<br /> condition except for ordinary wear and tear occurring after the last necessary maintenance
<br /> made by the Authority. Such improvements and alterations shall not include the
<br /> Equipment or Antenna which shall be removed by the Authority prior to the surrender of the
<br /> Licensed Areas.
<br /> The Authority shall perform all restoration made necessary by the improvements or
<br /> alterations or by the removal the Equipment and Antenna within the time periods stated in
<br /> this Section.
<br /> Livermore may elect to retain or dispose of in any manner any alterations, improvements,
<br /> Equipment or Antenna that the Authority does not remove from the Licensed Areas on
<br /> expiration or termination of the License Agreement by giving at least thirty (30) days' notice
<br /> EBRCSA License Page 7
<br /> Doolan Tower
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