c. All such policies shall contain provision that DOWNTOWN EL CAJON BUSINESS PARTNERS INC. (“DISTRICT”); IT’S EMPLOYEES, BOARD AND VOLUNTEERS AND CITY OF EL CAJON (“CITY”); ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS are named as an additional insured, and it shall nevertheless be entitled to recovery under such policies for any loss, injury, or damage to DISTRICT or CITY and/or DISTRICT or CITY’S property, agents, servants, and employees by reason of the negligence of VENDOR.d. VENDOR shall maintain with respect to each such policy or agreement evidence of such insurance coverage and endorsements as required by this Section of this Agreement. VENDOR shall immediately deliver and at all times maintain with DISTRICT a certificate evidencing insurance coverage and endorsements in conformance with this Application.e. The parties agree that the specified coverage or limits of insurance in no way limits the liability of the VENDOR. VENDOR shall obtain the written agreement on the part of each insurance company to notify LICENSOR at least thirty (30) days prior to cancellation or non-renewal of any such insurance. The policy and certificate of insurance shall not include any disclaimers or other qualifications to the effect that the issuing company will “. . . endeavor to mail. . .” written notice to the certificate holder or but the “. . . failure to mail such notice shall impose no obligation or liability of any kind upon the company. . .”.
INDEMNITY. VENDOR agrees that it will indemnify, defend and hold and save DISTRICT and CITY, its employees, agents, partners, contractors, invitees and other licensees whole and harmless of, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments recovered from or asserted against DISTRICT and CITY, its employees, agents, partners, contractors, invitees and other licensees, on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of VENDOR or any of its agents, servants, employees, contractors, patrons, guests, licensees, invitees or of any other person, or when any such injury or damage is the result, proximate or remote, of the violation by VENDOR or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the occupancy or sue by VENDOR, its agents, servants, employees, contractors, patrons, guests, licensees or invitees. Such indemnification of DISTRICT and CITY by VENDOR shall be effective unless such damage or injury may result from the sole negligence, gross negligence or willful misconduct of DISTRICT and CITY. VENDOR covenants and agrees that in case DISTRICT and CITY are made a party to any litigation commenced by or against VENDOR or relating to this Application, then VENDOR shall and will pay all costs and expenses, including reasonable attorney’s fees and court costs incurred by or imposed upon LICENSOR by virtue of any such litigation. This indemnification shall survive the expiration or earlier termination of VENDOR granted herein.
Policies, Rules and Regulations. VENDOR shall comply with all the POLICIES, RULES AND REGULATIONS of DISTRICT for the event.
Attorney Fees: Should any litigation be commenced between the parties to this Application or the rights and duties of either in relation thereto, the party, DISTRICT or VENDOR prevailing in such litigation shall be entitled in addition to such other relief as may be granted in the litigation, reasonable attorney fees and costs, which shall be determined by the Court in such litigation, or in a separate action brought for that purpose.
Governing Law: This License and all matters relating to this License shall be governed by the laws of the State of California.