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negligence, intentional tortious act or omission, and/or willful misconduct of Lessee, committees,
<br /> officers, employees and agents in the performance of this Agreement, including but not limited to issues
<br /> related to the design, construction, maintenance and/or operation of the Park& Ride facility excepting
<br /> such claims or suits for damages or injuries arising from the District's own willful misconduct.
<br /> The duty of Lessee to indemnify and save harmless, as set forth herein, shall include the duty to
<br /> defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein
<br /> contained shall be construed to require Lessee to indemnify District, its governing Board of Directors,
<br /> other boards, commissions, committees, officers, employees and agents against any responsibility or
<br /> liability in contravention of Section 2782 of the California Civil Code.
<br /> 13. Insurance.
<br /> The parties represent that each party has a sufficient amount of insurance and the appropriate
<br /> types of coverage to insure the types of claims that could be made
<br /> a. Coverage.
<br /> 1) Lessee represents that it is self insured for its first $100,000, with coverage up to $1
<br /> million and excess coverage up to $10 million which includes a policy or policies of
<br /> commercial general liability insurance, broad form of contractual liability coverage, and
<br /> including leases, or specifically, this Agreement, with minimum coverage for its
<br /> operations and occupancy hereunder (whether conducted in, upon, on, or over the Leased
<br /> Premises, or at or about any other place at District's Properties pursuant to this
<br /> Agreement).
<br /> 2) In addition, Lessee also represents that it has and will maintain, in force and effect, from
<br /> and after commencement of the construction, installation and operation of Lessee's
<br /> Facilities, a policy of standard fire and extended coverage insurance, with vandalism and
<br /> mischief endorsement, to the extent of at least the full replacement value of the Premises.
<br /> Said coverage shall include an endorsement providing coverage for additional
<br /> construction costs to meet all code (building, fire, health, and safety, etc.) requirements.
<br /> Lessee shall use the proceeds from any such policy for the restoration of the Premises
<br /> first, and then for the replacement of Lessee's Facilities.
<br /> b. Review. District may review the amounts of minimum coverage set forth above and Lessee
<br /> shall increase the insurance coverage to such amount or amounts as reasonably required by
<br /> District.
<br /> c. Endorsements. The policy or policies of insurance, or certificates pertaining thereto, shall
<br /> provide or evidence that:
<br /> i. The District, and its governing Board of Directors, other boards, commissions,
<br /> committees, officers, employees and agents, are named as additional insureds;
<br /> ii. In the event one insured incurs liability vis-a-vis any other insured, the policy covers
<br /> the insured against whom the claim is or may be made, in the same manner as if
<br /> Pleasanton Park&Ride Facility
<br /> Lease Agreement
<br /> Page 5
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