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expense, maintain insurance for all personal property and improvements on the Premises.
<br />4,5 CONFIRE shall not commit, or permit the commission by others, of any waste on the
<br />Premises. CONFIRE shall not maintain, commit, or permit the maintenance or
<br />commission of any nuisance on the Premises, and CONFIRE shall not use or permit the
<br />use of the Premises for any unlawful purpose.
<br />ARTICLE 5. COMPLIANCE WITH LAWS
<br />5.1 CONFIRE shall, at CONFIRE's sole cost and expense, comply with all statutes,
<br />ordinances, regulations, and requirements of all governmental entities, federal, state and
<br />county or municipal, relating to CONFIRE's use and occupancy of the Premises for
<br />CONFIRE's operation of business whether those statutes, ordinances, regulations, and
<br />requirements are now in force or are subsequently enacted. The judgment of any court of
<br />competent jurisdiction, or the admission by CONFIRE in a proceeding brought against
<br />CONFIRE by any government entity that CONFIRE has violated any such statute,
<br />ordinance, regulation, or requirement shall be conclusive as between City and CONFIRE
<br />and shall constitute grounds for termination of this Agreement by City.
<br />ARTICLE 6. INDEMNITY AND INSURANCE
<br />6.1 CONFIRE shall defend, indemnify and hold harmless City, and its elected officials,
<br />officers, employees and agents from and against any and all claims, causes of action,
<br />damages and liability resulting from CONFIRE's negligent acts or omissions, and the
<br />willful misconduct of CONFIRE, and that of CONFIRE's agents, employees and invitees,
<br />related to CONFIRE's occupation and use of the Premises during the term of this
<br />Agreement. This section shall survive any 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 CONFIRE is self -insured or exempt from the worker's compensation laws of
<br />the State of California. CONFIRE 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. CONFIRE 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 CONFIRE or its
<br />officers, employees, agents or volunteers, in connection with operation of its business
<br />at the Premises.
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<br />C:\Users\rsessler\Downloads \CONFâ–şRE Facility Use Agreement (1).docx
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