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6. Liability. Permittee shall indemnify, hold harmless and defend City, its <br /> officers, employees and agents against any and all claims for liability, for any injury to or <br /> death of any person, or damage to any property whatsoever caused by, created by or in any <br /> way connected with this Agreement or Permittee's use or maintenance of the Property. <br /> 7. Insurance. Permittee shall obtain and maintain for the duration of this <br /> Agreement commercial general liability insurance with at least$1,000,000 combined limit <br /> for bodily injury and property damage. Permittee shall provide a Certificate of Insurance <br /> and an additional insured endorsement naming the City, its officers, employees and agents, in <br /> a form satisfactory to the City Attorney. The policy shall provide for at least ten (10) days' <br /> written notice to City prior to cancellation. Permittee shall also obtain Workers' <br /> Compensation Insurance as required by law. <br /> 8. Termination. Either party may terminate this Agreement at any time for any <br /> reason by providing written notice to the other party. The Liability requirements in section 6 <br /> shall survive termination of this Agreement. Upon Permittee sending or receiving such <br /> notice, Permittee shall immediately cease the use of the Property and shall immediately <br /> restore the Property to the condition it was in prior to commencement of this Agreement. <br /> Permittee shall repair or pay for all repairs necessary to restore the Property. <br /> 9. Attorneys' Fees. If a legal action is brought to enforce the terms of this <br /> Agreement or that arises out of Permittee's use of the Property, the prevailing party shall be <br /> entitled to all costs, including reasonable attorneys' fees. <br /> 10. Waiver. No failure of City to enforce any term of this Agreement shall be <br /> deemed to be a waiver. <br /> I I. Notices. Any notice that either party may or is required to give, shall be given <br /> by mail, postage prepaid, at the addresses shown below, or at such other places designated by <br /> the parties from time to time as follows: <br /> Permittee: Jon Magnusson City: City Manager, <br /> 425 Main Street City of Pleasanton <br /> Pleasanton, CA 94566 P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> THIS AGREEMEN k execu -d as of the date first written above. <br /> City of Pleasanton: Permittee: <br /> By: �k �y '/GI��f�aGl <br /> Nelson Fial o, ity Manager Jon Magnusson, Ow4 r ofNonni's Bistro <br /> - EST: / Name of Corporate Entity: Nonni's Bistro <br /> � / "4L A RIT GUel-^0 <br /> Karen Diaz, City lerk Title: Jon Magnusson, Owner of Nonni's Bistro <br /> APPROVED AS TO FORM: <br /> Jonathan Lowell, City Attorney <br /> Page 2 of 2 <br />