Laserfiche WebLink
installation, or equipment made or installed without first obtaining all required approvals and permits and <br />repair, clean, and restore the Premises to a reasonably good condition acceptable to the City. <br />6. Maintenance. Licensee shall be solely responsible, at its own expense, for maintaining the Premises <br />and all improvements, installations, and equipment in good order and repair, in a safe, clean, secure, <br />sanitary, and presentable condition, and in compliance with the provisions of all applicable codes, <br />ordinances, laws, and regulations. The City shall have no responsibility for maintenance ofthe Premises or <br />any improvements, installations, or equipment thereon or therein. Notwithstanding the other provisions of <br />this Agreement, subsequent to completion of Licensee's improvements, installations, and work on the <br />Premises the City will provide waste removal from the bus shelter trash receptacles and the Premises and <br />will provide grounds maintenance for the Premises (grass mowing and landscaping trimming only and <br />excluding repairs or replacements). <br />7. Insurance. Licensee at its sole expense will place the Premises and the structures, improvements; and <br />installations on its lists of lands and property covered under Licensee's self-insurance and excess coverage <br />insurance and furnish to City a certificate of said coverage. Licensee's self-insurance and excess coverage <br />shall include coverage for damage to the Premises and improvements and all-risks general I iabi lity for any <br />claims or liabilities for bodily injury, death, and property damage arising from operations, premises <br />liability, fire, and other risks. Licensee's excess coverage shall have a combined single limit of not less <br />than $1,000,000.00 but shall apply only to claims in excess of Licensee's self-insurance coverage and <br />approved for payment by an appropriate legislative claims bill. Licensee's self-insurance and excess <br />coverage shall be primary and any insurance that may be maintained by City shall be in excess of and shall <br />not contribute with Licensee's self-insurance or excess coverage. <br />8. Assignment. Licensee shall not directly or indirectly assign, lease, sublease, sublicense, hypothecate, <br />sell, mortgage, encumber, or transfer this Agreement or License, the Premises, or any interest in this <br />Agreement or License or use of the Premises without the express written permission of the City. <br />9. Assumption of Risk; Indemnification. For and in consideration of the sum of one dollar ($1.00) and <br />other good and valuable consideration paid by City to Licensee, the receipt and sufficiency of which is <br />hereby acknowledged, Licensee agrees as follows: <br />(a) Premises "As Is." Licensee accepts the condition of the Premises as is and recognizes and <br />hereby expressly and fully assumes all risks, known and unknown, that arise or might arise <br />incidental to or in any way connected with the condition or use of or access to the Premises. City <br />has not made and makes no warranty of any kind whatsoever as to the condition of the Premises or <br />its fitness for any particular purpose. This express assumption of risk by Licensee is made for and <br />ion behalf of Licensee and Licensee's employees, agents, contractors, subcontractors, and permitted <br />assigns. <br />(b) Indemnification. To the extent allowed by law, Licensee agrees to indemnify and -hold the <br />City harmless from and against any and all liabilities, claims, demands, damages, actions, <br />lawsuits, judgments, penalties, losses, costs, or expenses, of any kind or nature, including, but <br />not limited to, costs of investigation and attorneys' fees and costs through trial and appeal, <br />arising out of Licensee's use, occupancy, or maintenance ofthe Premises, or any act or omission of <br />Licensee or any employee, agent, contractor, subcontractor, or permitted assignee of Licensee. Such <br />Page 2 of 5 <br />N:\Client Docs\Marina\Licenses\2015.05.20.IRCounty.Bus.Shelter-wrc.docx <br />