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03
City of Pleasanton
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2008
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081908
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8/13/2008 3:16:56 PM
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8/13/2008 3:16:53 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/19/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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Zone 7 agrees to defend, indemnify, and hold City and Pleasanton and their respective <br />elected officials, officers, directors, employees, agents, and designated volunteers <br />(collectively "Indemnitees") harmless from and against any and all loss, liability, damage, <br />including reasonable attorney's fees and court costs including expert witness fees, arising <br />out of or related to, and to the extent proximately caused by, the negligent acts or <br />omissions of Zone 7, its employees, contractors, agents, representatives or designated <br />volunteers in connection with this Agreement, Zone 7's use of the Leased Areas including <br />the installation and operation of the Equipment on the Premises, the installation and <br />operation of the Antenna at the Antenna Site, and the activity and/or operation SCADA <br />Communications network. Such obligations to defend, hold harmless and indemnify any of <br />the Indemnitees shall not apply to the extent that such Liabilities are caused by the <br />negligence or willful misconduct of the Indemnitee. <br />14. Insurance <br />Zone 7, at its sole cost and expense, shall self-insure, or procure and maintain for the <br />duration of this Lease Agreement, comprehensive general liability insurance in an amount <br />not less than ONE MILLION DOLLARS ($1,000,000) combined single and aggregate limits <br />for bodily injury and property damage, personal injury, completed operations and products <br />liability for claims which may arise from or in connection with Zone 7's use of the Leased <br />Areas including the installation and operation of the Equipment on the Premises, the <br />installation and operation of the Antenna at the Antenna Site, and the activity and operation <br />of the SCADA Communications. Zone 7 shall insure its personal property located on or in <br />the Leased Areas including the Equipment and Antenna. Zone 7 shall increase said <br />insurance as required by City's Risk Manager during the term of any extension or carry over. <br />15. Termination <br />15.1 Termination by City. Should Zone 7 at any time during the term of this Lease <br />Agreement be in default in the performance of any of the terms, conditions, rules, <br />covenants or requirements herein contained or otherwise agreed to by the parties, <br />including the rules and regulations established by City regarding the use of, or access to, <br />the Leased Areas, and should such default continue for thirty (30) days after written notice <br />thereof from City to Zone 7 specifying the particulars of such default, or should Zone 7 <br />vacate or abandon the Leased Areas, then in any such event it shall be, ai the option of <br />City, City's right to declare this Lease Agreement terminated and re-enter the Leased <br />Areas and take possession thereof and remove the Equipment and Antenna, and Zone 7 <br />shall have no further claim thereon or hereunder. <br />City's remedies in this section shall be in addition and supplemental to any and all other <br />rights or remedies which City may have pursuant to this Lease Agreement and/or the laws <br />then in force. <br />15.2 Termination by Zone 7. Zone 7 may terminate this Lease Agreement for cause <br />upon giving ninety (90) days' written notice to the City and Pleasanton if any of the <br />following occur: <br />Lease Agreement -Zone 7 Page t 3 <br />
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