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by Tenant and placed in, on, or about the Premises, including equipment not affixed to the realty, shall remain the property of Tenant. Tenant may remove same on or before the termination of this Agreement. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and shall be removed on or prior to termination of this Agreement. 11. PUBLIC UTILITIES. Tenant will pay within time allowed for payment without penalties, all charges for water, sewer and electricity and all other public utilities which may arise from Tenant's use of the Premises. Tenant agrees to hold Landlord harmless from any interruption in the use and services of such commodities and for payment of charges for any such utility services. 12. RELEASE HOLD HARMLESS AND INDEMNIFICATION. To the extent allowed by law, Tenant hereby releases and shall indemnify and hold Landlord harmless from and against any and all liabilities, claims, demands, damages, actions, lawsuits, judgments, penalties, losses, costs, or expenses, of any kind or nature, including, but not limited to, costs of investigation and attorneys' fees and costs through trial and appeal, arising out of, incidental to, or in any way connected with the condition of the Premises, to the extent that such condition arises out of or is caused by Tenant's use or occupation of the Premises and is not caused by the negligence or is the fault of the Landlord. 13. INSURANCE. (a) Property Insurance. During the term(s) of this Agreement, at Tenant's sole cost and expense. Tenant shall place the Premises, all buildings and their contents on its lists of lands and property covered under its policies of self reinsurance and eV'ff excess insurance and shall furnish Landlord a certificate of said coverage. (b) Commercial General Liability Insurance. During the term(s) of this Agreement, Tenant shall procure, maintain and pay for commercial general liability insurance and automobile liability insurance providing coverage which protects Tenant and Landlord, from any and all claims and liabilities for bodily injury and property damage arising from operations, premises, fire, and other related issues. Such insurance coverage shall have a combined single limit of not less than $1,000,000.00. The insurance policy shall name Landlord as an insured and shall be endorsed to include provisions for at least thirty (30) days advance notice to Landlord by the insurer prior to any policy change, amendment, termination, or expiration of coverage. Tenant shall direct its insurance agent to provide Landlord with a policy, a copy of the additional insured endorsement containing language no less restrictive than ISO Form CG 20 10 07 04 or ISO CG 20 33 07 04, and a certificate of insurance stating that the coverages as provided herein are in force prior to the commencement date of this Agreement. Tenant's insurance shall be primary and any other insurance that may be maintained by the City shall be in excess of and shall not contribute with Tenant's insurance. CADocuments and Settings\Bfreeman\Local Settings\Temporary Internet Files\OLK69\Transit Hub lease 4 11 2013.doc4