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ordinance, regulation, or requirement shall be conclusive as between City and University <br />and shall constitute grounds for termination of this Agreement by City. <br />ARTICLE 7. INDEMNITY AND INSURANCE <br />7.1 University 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 AARP's negligent acts or omissions, and the willful <br />misconduct of University, and that of University 's agents, employees and invitees, during <br />University's occupation and use of the Premises during the term of this Agreement. This <br />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 Million <br />Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. <br />City shall be names as an additional insured and such insurance shall be primary and non- <br />contributing to any insurance or self-insurance maintained by City. A certificate of <br />insurance with endorsements evidencing such coverage shall be provided to City prior to <br />University'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 City <br />that University is self -insured or exempt from the worker's compensation laws of the <br />State of California. University shall provide City with Exhibit "A," titled "Workers' <br />Compensation Insurance Certification," which is attached hereto and incorporated herein <br />by this reference prior to occupancy of the Premises. <br />C. University 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 property, <br />arising out of, or in connection with, any act or omission of University or its officers, <br />employees, agents or volunteers, in connection with operation of its business at the <br />Premises. <br />ARTICLE 8. TAXES AND UTILITIES <br />8.1 City shall pay, and hold University free and harmless from, all charges for the furnishing <br />of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to <br />the Premises during the term of this Agreement. University shall pay, and hold City free <br />and harmless from, all charges for telephone usage by University at the Premises. <br />ARTICLE 9. ATTORNEYS' FEES <br />9.1 In the event any action is commenced to enforce or interpret the tern 1 s or conditions of <br />this Agreement, the prevailing Party shall, in addition to any costs and other relief, be <br />entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house <br />counsel by a Party. <br />3 <br />I:\emo\Agreements\University of Redlands Facility Use Agreement (Community Center & Library) FY23-0071.docx-ms <br />