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6. Liabili . 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 <br /> any 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 <br /> Agreement commercial general liability insurance with at least$1,000,000 combined limit <br /> for bodily injury and property damage. Permittee shall provide a Certificate of Insurance <br /> and an additional insured endorsement naming the City, its officers, employees and agents, <br /> in a form satisfactory to the City Attorney. The policy shall provide for at least ten(10) <br /> days' written notice to City prior to cancellation. Permittee shall also obtain Workers' <br /> Compensation Insurance as required by law. <br /> 8. Termination. Either party may terminate this Agreement at any time for <br /> any reason by providing written notice to the other party. Upon Permittee sending or <br /> receiving such notice, Permittee shall immediately cease the use of the Property and shall <br /> immediately restore the Property to the condition it was in prior to commencement of this <br /> Agreement. 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 <br /> be 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 <br /> given by mail, postage prepaid, at the addresses shown below, or at such other places <br /> designated by 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 AGREE ENT is executed as of the date first written above. <br /> City of Pleasant n: I Permittee: <br /> By: By: <br /> Nelson Fialho, City Manager <br /> Name of Corporate Entity: <br /> f <br /> Karen D az, City Clerk Title: <br /> AS TO�FP <br /> Michael H. Roush, City Attorney <br /> Page 2 of 2 <br />