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including heat, air conditioning and windows, in good condition for all portions of the building. <br />City will provide a building security system and prox cards to access the system, but provides no <br />assurance of the effectiveness of the system. No security guard services will be provided. With <br />prior notice to PDA, City may access the building as needed for maintenance services. <br />6. Improvements. PDA shall make no improvements to the Property without the <br />prior approval of City, which may require additional insurance and permits. PDA shall cure <br />immediately mechanic's liens that are filed on Property or post a statutory mechanic's lien release <br />bond within seven (7) days after the filing of any mechanic's lien. <br />7. Equipment. PDA shall provide its own furniture, fixtures, equipment <br />and computers. <br />8. Telephone/Utilities. PDA agrees to pay for the activation and monthly costs <br />of a telephone, Internet access, and any other utilities required by PDA to be installed. City <br />will provide computer and phone cabling necessary to network PDA's personal computers in <br />the building. <br />9. Liability. City makes no warranty or representation of any kind concerning <br />the Property or the fitness of the Property for the use intended by PDA. PDA has inspected <br />the Property, knows and accepts its condition, waives any express or implied indemnity <br />against City and assumes all risk. PDA agrees to indemnify, hold harmless and defend the <br />City of Pleasanton, members of the City Council, its agents, officers and employees against <br />any and all claims for liability, for any injury to or death of any person, or damage to any <br />property whatsoever caused by, created by, or in any way connected with PDA's use of the <br />Property. It is further agreed that PDA will name the City, members of the City Council, its <br />agents, officers and employees as additional insureds with respect to liability resulting from <br />the use of the Property by PDA and the conduct of PDA's activities at the Property. PDA <br />agrees to deliver to the City, upon execution of this Agreement, a Certificate of Insurance, <br />satisfactory in form to the City Attorney, showing that PDA has obtained a continuing <br />commercial general liability policy of insurance in the amount not less than $2,000,000 per <br />claim, providing for ten (10) days' notice to City prior to cancellation and shall keep same <br />enforced during the term of this Agreement. PDA is not obligated to provide fire insurance <br />for the building structure, but may obtain such insurance for personal property. "Phis <br />obligation to indemnify City shall survive term. <br />10. Termination. City or PDA may terminate this Agreement at any time for any <br />reason by serving the other party with written notice to terminate. Said notice shall be served <br />at least ninety (90) days prior to the day notice for such termination. City may terminate the <br />Agreement immediately if the Property is damaged to such a degree that in the opinion of <br />the City Manager, continued use is not safe or feasible. <br />11. Compliance with Laws. PDA agrees to comply with all federal, state and <br />local laws, ordinances, rules and regulations which may pertain or apply to the Property <br />and the use thereof. <br />4 <br />