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6. Liability. Permittee shall indemnify, hold harmless and defend City, its <br /> officers, employees and agents against any and all claims for liability, for any injury to or <br /> death of any person, or damage to any property whatsoever caused by, created by or in any <br /> way connected with the Permittee's use of the Property or this Agreement. <br /> 7. Insurance. Permittee shall obtain and maintain for the duration of this Agreement <br /> commercial general liability insurance with at least $1.000,000 combined limit for bodily injury <br /> and property damage. Permittee shall provide a Certificate of Insurance and an additional <br /> insured endorsement naming the City, its officers, employees and agents, in a form satisfactory <br /> to the City Attorney. The policy shall provide for at least ten (10) days' written notice to City <br /> prior to cancellation. Permittee shall also obtain Workers' Compensation Insurance as required <br /> by law. <br /> 8. Termination. Either party may terminate this Agreement at any time for any <br /> reason by providing written notice to the other party. Upon Permittee sending or receiving <br /> such notice, Permittee shall immediately cease the use of the Property and shall immediately <br /> restore the Property to the condition it was in prior to commencement of this Agreement. <br /> Permittee shall repair or pay for all repairs necessary to restore the Property. <br /> 9. Attorneys' Fees. If a legal action is brought to enforce the terms of this <br /> Agreement or that arises out of Permittee's use of the Property, the prevailing party shall be <br /> entitled to all costs, including reasonable attorneys' fees. <br /> 10. Waiver. No failure of City to enforce any term of this Agreement shall be <br /> deemed to be a waiver. <br /> 11. Notices. Any notice that either party may or is required to give, shall be given <br /> by mail, postage prepaid, at the addresses shown below, or at such other places designated by <br /> the parties from time to time as follows: <br /> Permittee: City: City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> THIS AGREEMENT is executed as of the date first written above. <br /> City of Pleasanton. Permittee: �� <br /> By: By: e <br /> Nelson Fialho, City Manager <br /> Name of Corporate Entity: <br /> ATTEST: -- JO° j7-4:_'v+kcrs 1i-G— <br /> /1-1-/j,{ <br /> Karen Diaz 'tv Clerk Title: Ailf L-.Z <br /> APPROVED AS TO FORM: <br /> , <br /> Dan Sodegren, City Attorney <br /> Page 2 of 2 <br />