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including heat, air conditioning and windows, in good condition for all portions of the building. City will provide a building security system and prox cards to access the system,but provides no assurance of the effectiveness of the system. No security guard services will be provided. With prior notice to PDA, City may access the building as needed for maintenance services. 6. Improvements. PDA shall make no improvements to the Property without the prior approval of City, which may require additional insurance and permits. PDA shall cure immediately mechanic's liens that are filed on Property or post a statutory mechanic's lien release bond within seven(7) days after the filing of any mechanic's lien. 7. Equipment. PDA shall provide its own furniture, fixtures, equipment and computers. 8. Telephone/Utilities. PDA agrees to pay for the activation and monthly costs of a telephone, Internet access, and any other utilities required by PDA to be installed. City will provide computer and phone cabling necessary to network PDA's personal computers in the building. 9. Liability. City makes no warranty or representation of any kind concerning the Property or the fitness of the Property for the use intended by PDA. PDA has inspected the Property, knows and accepts its condition, waives any express or implied indemnity against City and assumes all risk. PDA agrees to indemnify, hold harmless and defend the City of Pleasanton, members of the City Council, its agents, officers and employees against any and all claims for liability, for any injury to or death of any person, or damage to any property whatsoever caused by, created by, or in any way connected with PDA's use of the Property. It is further agreed that PDA will name the City, members of the City Council, its agents, officers and employees as additional insureds with respect to liability resulting from the use of the Property by PDA and the conduct of PDA's activities at the Property. PDA agrees to deliver to the City, upon execution of this Agreement, a Certificate of Insurance, satisfactory in form to the City Attorney, showing that PDA has obtained a continuing commercial general liability policy of insurance in the amount not less than $2,000,000 per claim, providing for ten (10) days' notice to City prior to cancellation and shall keep same enforced during the term of this Agreement. PDA is not obligated to provide fire insurance for the building structure, but may obtain such insurance for personal property. This obligation to indemnify City shall survive term. 10. Termination. City or PDA may terminate this Agreement at any time for any reason by serving the other party with written notice to terminate. Said notice shall be served at least ninety (90) days prior to the day notice for such termination. City may terminate the Agreement immediately if the Property is damaged to such a degree that in the opinion of the City Manager, continued use is not safe or feasible. 11. Compliance with Laws. PDA agrees to comply with all federal, state and local laws, ordinances, rules and regulations which may pertain or apply to the Property and the use thereof. 2