Agmt03 Regency Center - Safeway - Laserfiche WebLink

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12. 13. 14. 15. with any insurance maintained by Regency, (iii) that Regency shall receive at least thirty (30) days' written notice before any insurance evidenced by such policy or certificate is reduced to less coverage than called for under this Agreement or terminated and (iv) that the liability insurance policy shall apply separately to each insured party. Licensee shall provide in a timely manner, without charge, copies of results or reports of test results generated from the Work to Regency Centers, 1.P., 8140 Walnut Hill Lane, Suite 400, Dallas, Texas 75231, Attn: Morgan 1. Scott. This Agreement shall be contingent upon execution of an access agreement from Safeway for its portion of the shopping center. In the event of a conflict between the agreements, the stricter of the two benefiting Regency shall control. This Agreement shall not be effective lIDless and until there is an executed access agreement between Licensee and Safeway for its ownership portion of the shopping center. This Agreement shall terminate upon Licensee completing all required sampling, or at 12 midnight one year from the date of this Agreement, ~y (;°: 2004, whichever occurs first. l~ The contact person on behalf of Licensee regarding any technical matters related to the Work is Gary Lieberman, Mactec Engineering and Consulting, Inc. ([415]-884-3158), at office address: 90 Digital Drive, Novato, CA 94949. Neither Regency's granting of the License to Licensee, nor Licensee's request to Regency for the License shall for any purpose be considered an admission of liability or responsibility concerning any hazardous materials and no past or present wrongdoing on the part of either party shall be implied by the request for or the granting of this License. 16. Licensee may not assign this Agreement without the prior written consent of Regency, which consent may be withheld in Regency's sole and absolute discretion. Any assignment or delegation of rights, duties or obligations hereunder made by Licensee in violation hereof shall be void and of no effect. Should Regency transfer its interest in the Property, this Agreement shall inure to the benefit of Regency's transferees, successors and assigns. In addition, Regency, and/or its successors and assigns shall have the right to assign its interest in this Agreement to any secured creditor of Regency and/or its successors and assigns. 17. This Agreement may be executed in counterparts, and signatures made via facsimile will be considered valid as to formal execution. Except as provided in paragraph 9 above with respect to Regency's tenants, nothing in this Agreement is intended to create any rights or benefits for any third parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above: 18. 006.185089crossroads.changes SeqStaRegencyAccess042103r 04/21/03 -4- -.......".-_._.._-,-,--~.....