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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 of the 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 liability 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 /> on 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 of the Premises,or any act or omission of
<br /> Licensee or any employee,agent,contractor,subcontractor,or permitted assignee of Licensee.Such
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