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6. Liability. Permittee shall defend, indemnify, and hold harmless the City, its <br /> officers, and employees from and against all claims for liability, losses, injury to or death of any <br /> person, or damage to any property whatsoever caused by, created by or in any way connected <br /> with Permittee's use of the Property or this Agreement. <br /> 7. Insurance. Permittee shall obtain and maintain for the duration of this Agreement <br /> commercial general liability insurance with at least $2,000,000 combined limit for bodily injury and <br /> property damage. Permittee shall provide a Certificate of Insurance and an Additional Insured <br /> Endorsement naming the City, its officers, employees and agents, in a form satisfactory to the City <br /> Attorney. The policy shall provide for at least ten (10) days' written notice to City prior to <br /> cancellation. Permittee shall also obtain Workers' 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. Upon Permittee sending or receiving such <br /> notice, Permittee shall immediately cease the use of the Property and shall immediately restore <br /> the Property to the condition it was in prior to commencement of this Agreement. Permittee <br /> 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, City shall be entitled to all costs, <br /> including reasonable attorneys' fees. <br /> 10. Waiver. No failure of City to enforce any term of this Agreement shall be deemed <br /> to be a waiver. <br /> 11. Notices. Any notice that either party may or is required to give, shall be given by <br /> mail, postage prepaid, at the addresses shown below, or at such other places designated by the <br /> parties from time to time as follows: <br /> Permittee: John Gaulin City: City Manager <br /> 320 St. Mary Street City of Pleasanton <br /> Pleasanton, CA 94566 P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> THIS AGREEMENT is executed as of the date first written above. <br /> City of Ple a on Permittee <br /> Nelson F' Iho, ity Manager John Gaulin, (ow e-6 Rita's Italian Ice <br /> Attest: <br /> I_ /A <br /> a -n •iaz, City Cl; <br /> Approved as to form: <br /> Dan -I Sod- i ren, City Attorney <br /> • <br /> Page 2 of 2 <br />