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and use of the Premises during the term of this Agreement. This section shall survive any
<br />termination or expiration of this Agreement.
<br />A. Comprehensive general liability insurance, with carriers acceptable to City, with
<br />minimum coverage of One Million Dollars ($1,000,000) per occurrence, and Two
<br />Million Dollars ($2,000,000) aggregate for public liability, property damage and
<br />personal injury. City shall be names as an additional insured and such insurance shall
<br />be primary and non-contributing to any insurance or self-insurance maintained by City.
<br />A certificate of insurance with endorsements evidencing such coverage shall be
<br />provided to City prior to AARP's occupancy of the Premises.
<br />B. Workers' Compensation and Employer's Liability insurance in the amount that meets
<br />statutory requirements with an insurance carrier acceptable to City, or certification to
<br />City that AARP is self -insured or exempt from the worker's compensation laws of the
<br />State of California. AARP shall provide City with Exhibit "A," titled "Workers'
<br />Compensation Insurance Certification," which is attached hereto and incorporated
<br />herein by this reference prior to occupancy of the Premises.
<br />C. AARP shall defend, indemnify and hold harmless City, and its elected officials,
<br />officers, employees, agents, and volunteers, from any and all damages, costs, suits,
<br />claims, losses and liability for injury to persons including death, and damage to
<br />property, arising out of, or in connection with, any act or omission of AARP or its
<br />officers, employees, agents or volunteers, in connection with operation of its business
<br />at the Premises.
<br />ARTICLE 8. TAXES AND UTILITIES
<br />8.1 City shall pay, and hold AARP free and harmless from, all charges for the furnishing of
<br />gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the
<br />Premises during the term of this Agreement. AARP shall pay, and hold City free and
<br />harmless from, all charges for telephone usage by AARP at the Premises.
<br />ARTICLE 9. ATTORNEYS' FEES
<br />9.1 In the event any action is commenced to enforce or interpret the terms or conditions of this
<br />Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled
<br />to the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel
<br />by a Party.
<br />ARTICLE 10. NOTICES
<br />10.1 Any notice or other communication required, or which may be given, pursuant to this
<br />Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
<br />of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
<br />return receipt requested; (iii) on the actual delivery date if deposited with an overnight
<br />courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
<br />contemporaneously by first class, certified, registered or express mail; in each case
<br />properly posted and fully prepaid to the appropriate address set forth below, or such other
<br />address as a party may provide notice in accordance with this section:
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