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CITY OF PLEASANTON - LICENSE AGREEMENT <br /> Santos Ranch Road <br /> 5. INDEMNIFICATION. The Park District shall indemnify, hold harmless, and defend the City <br /> from and against any and all claims or injury to property, including but not limited to, the Road or <br /> any structures, foundations, or other improvements of the indemnifying party, and persons and <br /> property, arising from the indemnifying party, or its invitees' and agents' use of the Road or from <br /> any activity, work, or thing done, permitted or suffered in or about the Road by the Park District, <br /> its invitees, and agents, except that no Party shall be indemnified for its own negligence or willful <br /> misconduct or the negligence or willful misconduct of its contractors, agents, or employees. <br /> 6. INSURANCE.Park District shall maintain in full force and effect, at its own cost and expense, <br /> insurance coverage from insurers with an A.M. Best's rating of no less than A:VII. Park District <br /> shall have the obligation to furnish City,as additionally insured,the minimum coverages identified <br /> below, or such greater or broader coverage for City, if available in the Park District's policies: <br /> a. General Liability and Bodily Injury Insurance. A general liability insurance for at least <br /> $1,000,000 combined limit for bodily injury and property damage and provide that the <br /> City, its officers, employees, and agents are named as additionally insureds under the <br /> policy as evidence by an additional insured endorsement satisfactory to the City Attorney. <br /> The Policy shall state in writing either on the Certificate of Insurance or attached rider <br /> thereof that this insurance will operate as primary insurance and that no other insurance <br /> effected by City or other named insured will be called on to cover a loss covered <br /> thereunder. <br /> b. Automobile Liability Insurance. Automobile liability insurance in an amount not less than <br /> $1,000,000 per person/per occurrence. <br /> For subsequent years of the Agreement, the minimum coverage required may increase only by the <br /> change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan (all <br /> items index; urban consumers) for the twelve-month period ending in May of each year as <br /> published by the Bureau of Labor Statistics, U.S. Department of Labor. <br /> 7. NOTICES. All notices required or contemplated by this Agreement shall be in writing and <br /> shall be personally delivered or mailed to the respective party as set forth in this section. <br /> Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a <br /> party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) <br /> three working days following deposit in the United States Mail of registered or certified mail sent <br /> to the address designated below. <br /> TO: City To: East Bay Regional Park District <br /> Attn: City Manager Attn: Land Acquisition Dept. <br /> PO Box 520 2950 Peralta Oaks Ct. <br /> Pleasanton, CA 94566 Oakland, CA 94605 <br /> 8. SEVERABILITY. If any term of this Agreement (including any phrase,provision, covenant, <br /> or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the <br /> Agreement shall be construed as not containing that term, and the remainder of this Agreement <br /> shall remain in full force and effect; provided, however, this paragraph shall not be applied to the <br /> extent that it would result in a frustration of the parties' intent under this Agreement. <br /> 3 <br />