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<br /> X <br /> LIABILITIES. Licensee, insofar as it may legally so <br /> do, shall hold and save Licensor free from all liability and <br /> . <br /> claims for damages resulting from the construction, maintenance, <br /> operation or public use of park and recreational facilities <br /> or landscaping on the property and shall carry public liability <br /> and property damage insurance in an amount which will adequately <br /> protect Licensor from all such liabilities or claims, such <br /> amount to be no less than $250,000 each person and $500,000 <br /> each occurrence for bodily injury or death and $100,000 each <br /> Occurence for property damage. Policies for such insurance shall <br /> name the Alameda County Flood Control and Water Conservation <br /> District, the County of Alameda, their officers, agents and <br /> employees as additionally insured and copies thereof, certificates <br /> of payment of premiums thereon, or other proof of insurance <br /> acceptable to Licensor, shall be furnished Licensor by Licensee. <br /> It is agreed that such insurance as is afforded by the policy to <br /> the Alameda County Flood Control and Water Conservation District, <br /> et. al., shall apply as primary insurance. : No other insurance <br /> effected by the Alameda County Flood Control and Water Conservation <br /> District, et. al., shall be called upon to contribute to a loss <br /> covered by the policy. <br /> Licensee shall be liable to Licensor for any damages <br /> to the properties licensed hereunder, including but not limited <br /> to damage to trees, erosion of soil, or damages to any improvement <br /> made or to be made by Licensor for water conservation or flood <br /> control purposes whether such damages are caused by the activities <br /> of Licensee on the properties improved by it or by third parties. <br /> If Sections 1941 and 1942 of the Civil Code of the State <br /> of California pertain to the licensing of ~eal property as herein <br /> contemplated, then Licensee expressly waives the provisions <br /> thereof. <br /> XI <br /> COSTS AND EXPENSES. By its approval of recreation <br /> facilities Licensor in no way assumes any liability or obligation <br /> whatsoever for any costs or expenses to be incurred by Licensee <br /> under this License for the purposes for which said License is made. <br /> -5- <br />