ALISAL LRESTAURANT GROUP D.B.A SABIO ON MAIN

losses, expenses or liability, including attorneys’ fees, arising from anything arising from Concessionaire’s services under this Agreement, including but not limited to alleged acts or omissions of Concessionaire, its employees, or agents. 5. Insurance. During the term of this Agreement, Concessionaire shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers authorized to issue policies in the State of California. Concessionaire shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Concessionaire’s policies: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance for at least $2,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Concessionaire and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. b. Liquor Liability Insurance. Liquor liability insurance for at least $2,000,000. c. Automobile Liability Insurance. Automobile liability insurance in an amount not less than $300,000 per person/per occurrence. d. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Concessionaire’s employees, all in strict compliance with State laws, and to protect the City from any and all claims thereunder, including waiver of subrogation. e. Certificate of Insurance. Concessionaire shall file a certificate of insurance with the City prior to the City’s execution of this Agreement and prior to engaging in any operation or activity set forth in this Agreement. The City reserves the right to require complete certified copies of policies. 6. Independent Contractor. The Concessionaire is an independent contractor retained by the City to perform the work described herein. All personnel employed by the Concessionaire, including subcontractors, and personnel of said subcontractors, are not and shall not be employees of the City. 7. Miscellaneous Provisions. a. City may terminate this Agreement at any time by mailing notice to Concessionaire at the address first stated above. b. Concessionaire shall not assign or transfer this Agreement. c. If either City or Concessionaire waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. Docusign Envelope ID: B8443856-76E9-4200-A84A-1515718B0760