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4. Licensee shall provide appropriate notice to City prior to any installation or
<br />maintenance work relating to the Equipment that will take place on the City
<br />Property and shall obtain all required licenses and permits to perform such work.
<br />5. If City needs to perform any work on the City Property and that work necessitates
<br />temporarily moving the Equipment, Licensee shall be solely responsible for the
<br />costs of removing and re -installing the Equipment.
<br />6. Licensee shall remain the sole owner of video footage captured by its Equipment,
<br />but City may request access to such footage. Licensee, in its sole discretion, may
<br />provide footage to City upon City's request. Any footage provided by Licensee to
<br />City shall be treated by the City as an investigative record.
<br />T Licensee, at its expense, shall comply, and cause its contractors to comply, as
<br />applicable, with all laws, orders and regulations of any City or other governmental
<br />authorities and with any directive of any public officer with respect to the
<br />activities anticipated hereunder.
<br />8. Licensee shall not permit or suffer any lien to attach to the City Property as a
<br />consequence of the exercise of Licensee's rights under this Agreement, and if any
<br />such lien arises or accrues against the City Property, Licensee shall immediately
<br />effect the removal thereof at no cost or expense to City.
<br />9. Licensee agrees to indemnify, defend and hold harmless the City, its respective
<br />agents, officials, employees, contractors, affiliates and representatives
<br />(collectively "Indemnitees") from any and all liability, loss, expense, damage,
<br />judgment or settlement, which the Indemnitees may suffer, sustain or incur as a
<br />result of any claims, demands, costs, actions, causes of actions, damages or
<br />judgments including, without limitation, reasonable attorneys' fees, asserted
<br />against or incurred by or on behalf of Indemnitees, whether arising out of or
<br />resulting from the activities of Licensee or its contractors on City Property, with
<br />the sole exception of any liability, loss, expense, damage, judgment or settlement
<br />which is the result of or arises out of the sole negligence of the Indemnitees.
<br />10. In addition to the above indemnification requirements, at all times during the term
<br />of this Agreement, Licensee shall, at its sole cost and expense, procure and
<br />maintain commercial general liability insurance providing coverage against
<br />claims for bodily injury or death and property damage occurring in or upon or
<br />resulting from Licensee's use of the City Property. Such insurance shall be
<br />primary and shall afford immediate defense and indemnification, as a named
<br />additional insured, to the City of South Bend, Indiana, to the limit of not less than
<br />One Million Dollars ($1,000,000.00) per occurrence, and Five Million Dollars
<br />($5,000,000.00) in the aggregate. The Licensee shall provide the City with a
<br />Certificate of Insurance evidencing such insurance coverage.
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