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<br />10. <br /> <br />11. <br /> <br />contractor(s) and any other person) and the loss or interference with any use or <br />service thereof; <br /> <br />b. <br /> <br />all claims on account of injury to or death of any persons whosoever, including <br />employees and invitees of the parties hereto and their agents or contractor( s) and <br />all other persons; <br /> <br />c. <br /> <br />costs and expenses incurred by Regency with respect to (a) and (b) above <br />(including reasonable attorney's fees), which are caused by or arise from the Work <br />or the presence of Licensee, its agents, employees or contractor(s) on any part or <br />all of the Property or from the presence of any physical facility installed, used, <br />maintained or removed as a part of the work; however, the foregoing <br />indemnification shall not extend to any loss, cost or damage arising from the <br />negligence, willful misconduct or gross negligence of Regency; <br /> <br />d. <br /> <br />any cross contamination of the sampling hole that occurs during the Work; <br /> <br />e. <br /> <br />all claims arising out of the removal and disposal of any contaminants generated <br />as a result of the Work on the Property; <br /> <br />f. <br /> <br />the foregoing indemnities shall not cover or relate to environmental hazards <br />existing in or on the Property prior to the execution of this Agreement, except to <br />the extent such hazards are exacerbated by any activity on the part of Licensee, its <br />agents, employees or contractor(s). <br /> <br />Licensee shall promptly notify Regency of any loss, damage, injury or death arising out of <br />or in connection with work performed under this Agreement. <br /> <br />Licensee shall cause Consultant and each contractor and consultant employed by <br />Consultant in connection with this Agreement to carry commercial general liability <br />insurance, including coverage for contractual liability covering its contractual <br />indemnification obligations under this Agreement. The limits of liability of such <br />insurance shall be not less than Two Million Dollars ($2,000,000.00) combined single <br />limit coverage for injury to person, loss of life and damage to property arising out of any <br />single occurrence. All insurance to be provided by Licensee or its Consultant pursuant to <br />this Agreement shall be carried with a company, or companies, qualified to do business in <br />the state of California and having a general policy holder's rating of not less than A- and a <br />financial rating of VII or better as rated in the most current available "Best's Key Rating <br />Guide" and shall provide payment for any losses covered thereunder to Regency and <br />Licensee as their respective interests may appear. Licensee shall furnish, or cause its <br />Consultant to furnish, Regency with certificates evidencing the insurance required under <br />this Agreement and thereafter during the term hereof shall furnish Regency with <br />certificates evidencing extension or replacement insurance. Such policies of insurance <br />and certificates provided by Licensee or its Consultant shall provide (i) that Regency is <br />named as an additional insured, (ii) that such insurance is primary and non-contributory <br /> <br />006.185089crossroads.changes <br />SeqStaRegencyAccess042103r <br />04/21/03 <br /> <br />-3- <br /> <br />"-"""."'-""~-"'---" <br /> <br />