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d. Any umbrella, heater, or similar feature used during the Activity shall be <br /> safely secured. <br /> C. Obeying Planning Conditions. The Activity is also subject to the conditions imposed <br /> by the City's Planning Division dated October 19, 2009. <br /> D. Obeying Direction from Public Safety Personnel. While the PDA is conducting the <br /> Activity, any direction given by a City police officer, code enforcement officer or <br /> personnel from the Livermore Pleasanton Fire Department shall be immediately <br /> obeyed, even if such direction conflicts with any other restriction or condition of this <br /> Agreement or Planning conditions. <br /> 2. The PDA shall indemnify, defend and hold harmless the City, its Council members, <br /> officials, employees and volunteers from and against any and all claims, demands, liabilities <br /> and judgments for, or by reason of, any damage, loss, personal injury or death, caused by or <br /> arising out of the PDA and/or its agents, officials or volunteers acts or failure to act, in the <br /> PDA's and/or its agents, officials, or volunteers' use of the Property pursuant to this <br /> Agreement. That City does not, and shall not, waive any rights against the PDA which the <br /> City may have by reason of this Agreement because of the acceptance by City of the <br /> insurance policies attached hereto. <br /> 3. The PDA will pay for the cost of any repair of the Property or replacement of items on the <br /> Property which are damaged during the PDA's use of the Property pursuant to this <br /> Agreement. <br /> This Agreement is entered into on the date first set forth above. <br /> Pleasanton Downtown Association City of Ple an n <br /> By: <br /> Nelson Fi: Iho, City Manager <br /> Its: <br /> A est: <br /> I an e-/ <br /> r <br /> pproved as to Form: <br /> Larissa Seto, Assistant City Attorney <br /> Attachment Certificate of Insurance <br /> Page 2 of 2 <br />