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soil on the Property to the City's satisfaction so that the remaining stubble is in <br />compliance with Fire Code regulations. <br />5. City's Obligations. The City's obligations under this Agreement are as <br />follows: <br />a. City shall post "No Dumping/No Trespassing" signs around the <br />perimeter of the Property. <br />b. City shall clean up any illegal dumping that occurs on the Property <br />upon notification by Tenant. <br />c. Make the payment for any possessory income tax that is imposed <br />on the Property. <br />6. No Assignment nor Subletting. Tenant shall not assign all or a portion <br />of this Agreement, nor sublet all or a portion of the Property, without the written consent <br />of City. <br />7. No Warranty and Tenant's Assumution of Risk. City makes no <br />warranty or representation of any kind concerning the condition of the Property or the <br />fitness of the Property for the use intended by Tenant. Tenant has inspected the Property, <br />knows its condition, finds it fit for the intended use and accepts the Property as is. <br />Tenant waives any rights to any type of express or implied indemnity against the City, its <br />officers, agents and employees. Tenant assumes all risk of entering or using the Property. <br />8. Indemnification. Tenant shall indemnify, defend and hold harmless the <br />City, its officers, agents and employees from all claims, demands, actions, damages, <br />liability and expenses of every kind and description (including reasonable attorneys' <br />fees), whether actual or alleged, in connection with any injury to or death of any person <br />or damage to property arising from Tenant's act or omission under this Agreement, <br />except for the sole negligence or willful misconduct of the City. <br />9. Insurance. <br />a. Workers' Compensation. Tenant shall procure and maintain <br />throughout the term of this Agreement, Workers' Compensation insurance as required by <br />the State of California and Employer's Liability Insurance with a limit of at least <br />$1,000,000 per accident with a waiver of subrogation against the City. <br />b. Commercial General Liability Insurance. Tenant shall procure and <br />maintain Commercial General Liability insurance, including Automobile Liability <br />Insurance, with limits no less than $1,000,000 per occurrence/$2,000,000 aggregate. <br />City, its officers, agents and employees shall be named by endorsement as additional <br />insureds. The policy shall also be endorsed as primary insurance and noncontributing <br />over any insurance available to the additional insureds. <br />3 <br />