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A. Workers' Compensation and Employer's Liability insurance in the amount that <br />meets statutory requirements with an insurance carrier acceptable to City, or certification to City <br />hat Licensee is self-insured or exempt from the workers' compensation laws of the State of <br />California. Licensee shall provide City with Exhibit "C," entitled "Workers' Compensation <br />Insurance Certification," which is attached hereto and incorporated herein by this reference. <br />B. Licensee shall secure and maintain comprehensive general liability insurance with <br />carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per <br />occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage <br />and personal injury is required. City shall be named as an additional insured and such insurance <br />shall be primary and non- contributing to any insurance or self-insurance maintained by City. <br />C. Licensee shall secure and maintain business auto liability coverage, with minimum <br />limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury <br />liability and property damage liability. This coverage shall include all Licensee owned vehicles <br />used in connection with Licensee's provision of the Services, hired and non -owned vehicles, and <br />employee non -ownership vehicles. <br />Section 9. Assignment Prohibited. Licensee shall not encumber, assign, sublease or <br />otherwise transfer this Agreement, or any right or interest therein, or attempt of the same. Any <br />such encumbrance, assignment, sublease or transfer shall constitute a breach of this Agreement <br />and may, at the sole discretion of City, result in the immediate termination of this Agreement. <br />Section 10. Attorneys' Fees. In the event any action is commenced to enforce or interpret <br />the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and <br />other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of <br />in-house counsel by a Party. <br />Section 11. Entire Agreement/Amendment. This Agreement constitutes the entire <br />agreement between the Parties with respect to the subject matter hereof. Any prior verbal or written <br />representations or agreements respecting the Premises not expressly set forth herein are null and <br />void. Any and all amendments to this Agreement shall be in writing and executed by the Parties. <br />Section 12. Waiver. No waiver by either Party of any provision of this Agreement, or <br />waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of <br />this Agreement, or of any subsequent breach by either Party of the same or any other provision of <br />this Agreement. <br />1:1ca1djm�Agreements\License Agreement Red Rooster Market 2018.doex <br />