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representation to RCB as to whether any Improvement Work constitutes a "Public Work" as that <br />teen is defined by California Labor Code section 1720, and RCB acknowledges and agrees that <br />RCB shall be solely responsible and liable for the determination of whether such work constitutes <br />a "Public Work." RCB acknowledges and agrees that City is not an awarding authority for any <br />contract entered into by RCB for any Improvement Work, nor is City otherwise undertaking any <br />"Public Work" for purposes of California Labor Code section 1781. RCB shall defend, indemnify <br />and hold harmless City and its elected officials, officers and employees from and against any and <br />all losses, damages, costs, claims, causes of action and liability based upon any assertion that City, <br />RUSD or RCB has failed to comply with any applicable provision of the California Labor Code <br />in connection with RCB's undertaking of Improvement Work. This Section 4.02 shall survive any <br />termination or expiration of this Agreement. <br />Article 5. Indemnity and Insurance <br />Section 5.01. RCB shall defend, indemnify and hold harmless City, and its elected <br />officials, officers, employees and agents from and against any and all claims, causes of action, <br />damages and liability resulting from RCS's negligent acts or omissions, and the willfiil <br />misconduct of RCB, and that of RCB's agents, employees and invitees, during KCB's occupation <br />and use of the Premises during the term of this Agreement. This section shall survive any <br />termination or expiration of this Agreement <br />Section 5.02. RCB shall maintain, at its own cost for the term of this Agreement, public <br />liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two <br />Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City. <br />RCB shall provide City with a certificate of insurance and endorsements evidencing City as an <br />additional insured on the policy prior to KCB's use and occupancy of the Premises. Such insurance <br />shall be primary with respect to City and non-contributory to any insurance or self-insurance <br />maintained by City. The policy shall specify that, before amending or canceling the policy, the <br />issuing insurance company shall give City at least thirty (30) days prior written notice. City and <br />RCB acknowledge and agree that the insurance required of RC is subject to annual review by City <br />and subject to increases in the amount and scope of coverage, as reasonably determined by City. <br />Article 6. Assignment Prohibited <br />Section 6.01. This Agreement is personal to RCB. RCB shall not encumber, assign, <br />sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior <br />written consent of City. Any such encumbrance, assignment, sublease or transfer without such <br />prior written consent of City shall constitute an immediate breach of this Agreement and may, <br />notwithstanding any other provision of this Agreement and at the sole discretion of City, result in <br />the immediate termination of this Agreement. <br />I:Icaldjm\Agrcements\Redlands Crush - Field Rental Agreement.docx <br />