-1.8. (REVISED) Allowed to exhibit or display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Premises or elsewhere in the Building.
- Licensor will bill Licensee's electricity and water fees monthly.
- Licensee responsible for set up of internet and commercial garbage pick up.
(a) Licensee hereby agrees to, and shall, indemnify and hold Licensor and
Licensor's agents, affiliates, officers, members, managers, managing agents, employees, successors and assigns (collectively, "Licensor's Representatives"), harmless from and against any and all losses, liabilities, claims, damages, judgments, fines, penalties, violations, actions, causes of action, demands, costs and expenses (including, without limitation, reasonable attorneys' fees, court costs and disbursements suffered or paid, directly or indirectly, by Licensor in any action or proceeding between Licensor and Licensee or between Licensor and any third party or otherwise) arising from, relating to or in connection with: (i) a breach by Licensee and/or its invitees, guests, agents, representatives, successors and/or assigns (collectively, "Licensee's Representatives") of any of the material terms, agreements, covenants or conditions of this Agreement; (ii) the use and/or occupancy of the Premises by Licensee and/or Licensee's Representatives and/or any work or thing whatsoever done or any condition created on or about the Premises, except to the extent caused by the gross negligence or willful misconduct of Licensor; and/or (iii) a failure of Licensee to comply with all applicable laws relating to the Premises (including any certificate of occupancy applicable to the Premises). Licensee shall remain solely liable for all violations issued by applicable authorities in respect of Licensee's actions or omissions at or about the Premises. Licensee shall keep the sidewalk and curb free and clear of any garbage, trash, rubbish, snow, ice or other refuse and debris at all times. If any action or proceeding is brought against Licensor relating to, arising out of or in connection with this Agreement, upon notice from Licensor, Licensee shall resist and defend such action or proceeding by counsel reasonably satisfactory to Licensor and shall keep Licensor fully apprised at all times of the status of such defense.
(b) Without limiting Licensee's liability under the indemnity provided for in this section, Licensee shall provide on or before the date hereof, and shall keep in full force and effect throughout the term of this Agreement, for the benefit of Licensor and its mortgagees and Licensee, insurance of the kinds and in the limits hereinafter specified against any liability whatsoever occasioned by any occurrence in, on or about, or resulting from the use, operation and/or maintenance of, the Premises, and shall cause Licensor, its mortgagees and its agents to be named as additional insureds in all policies of such insurance. Such kinds and limits of insurance are as follows: comprehensive general public liability insurance in limits of not less than Two Million Dollars ($2,000,000) for injuries to and/or deaths of more than one person in respect of any occurrence, and not less than Two Million Dollars ($2,000,000) for property damage in respect of any one occurrence, and water, fire and theft insurance with extended coverage, covering the Premises and the Licensor, reasonably acceptable to Licensor. The policies of insurance provided for in this Agreement shall be issued by insurance companies reasonably satisfactory to Licensor and shall be not cancelled or amended by Licensee except on not less than thirty (30) days' prior written notice to Licensor, and shall name Licensor and its mortgagees as an additional insured. In the event that such policies are cancelled or amended for any reason or for no reason, Licensee shall immediately provide replacement insurance policies to Licensor, naming Licensor as an additional named insured. An appropriate certificate evidencing the aforesaid insurance coverage shall be delivered to Licensor not later than the commencement date of this License and thereafter renewals or replacements thereof shall be delivered to Licensor at least thirty (30) days prior to the expiration of any expiring policy. Such insurance policy or certificate shall contain provisions that no act or omission of Licensee will affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Licensee shall use its reasonable efforts to cause to be included in its insurance policies (i) a waiver of the insurer's right of subrogation against Licensor, and (ii) an express agreement that such policy shall not be invalidated if the insured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty. If such waiver or agreement shall not be, or shall cease to be, obtainable without additional charge or at all, Licensee shall so notify Licensor promptly after learning thereof. In such case, if Licensor shall so elect and shall pay the insurer's additional charge therefore, such waiver shall be included in the policy. Licensee hereby releases Licensor from any claim (including a claim for negligence) which it might otherwise have against Licensor for loss, damage or destruction with respect and to the extent to which it is required to be insured under a policy or policies containing a waiver of subrogation or naming Licensor as an additional insured as provided in this section, whether or not the loss, damage or destruction is due to the carelessness or negligence of Licensor or Licensor's employees, servants, agents, licensees or invitees. Licensor hereby releases Licensee with respect to any claim (including a claim for negligence) which it might otherwise have against Licensee for loss, damage or destruction with respect and to the extent to which it is required to be insured under a policy or policies containing a waiver of subrogation or naming Licensee as an additional insured, as provided in this section, whether or not the loss, damage or destruction is due to the carelessness or negligence of Licensee or Licensee's Representatives.
(c) Licensee will maintain Umbrella/Excess Liability insurance on an occurrence basis in excess of the underlying insurance described above. It shall be at least as broad as each of the underlying policies. The amounts of insurance required above may be satisfied by Licensee purchasing coverage for the limits specified, or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in each section above when added to the limit specified in this section. The minimum amount required for Umbrella/Excess Liability Coverage is Five Million Dollars ($5,000,000.00).
(d) In the event of casualty or condemnation affecting the Premises, the term of this license shall be deemed to automatically expire as of the date of such casualty or condemnation.
(e) The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement.