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<br />permits and entitlements which are necessary for the performance and maintenance of the <br />BCDC Improvements (collectively, the "Permits and Approvals"). The City, at the City's <br />sole cost and expense, shall maintain all Permits and Approvals in full force and effect <br />during the entire term of this Agreement. The City shall also be solely responsible for <br />obtaining any approvals from Pacific Gas & Electric Company to the extent the Easement <br />Areas are located in any right of way areas over which Pacific Gas & Electric Company <br />holds any easement rights. - <br /> <br />3.3 Insurance. Prior to any entry on the Easement Areas under this <br />Agreement to perform the BCDC Improvements, the City shall (i) obtain comprehensive <br />general liability insurance from a company and in form and substance reasonably <br />satisfactory to Licensor specifically covering, on an occurrence (as opposed to claims <br />made) basis, the development, installation and maintenance of the BCDC Improvements <br />by the City and the Licensee Group within the Easement Areas, which insurance shall list <br />Licensor and Licensor's constituent general partners as additional insureds and provide <br />for primary coverage with a combined single limit of not less than $1,000,000- per <br />occurrence and (ii) provide to Licensor a certificate of insurance evidencing such policy. <br />Licensor shall be given written notice at least thirty (30) days prior to cancellation, <br />material amendment or reduction in coverage on such policies. The City shall maintain <br />this insurance in full force and effect until all of the BCDC Improvements are completed <br />and the Notice of Completion (as defined in Section 5.1 below) is recorded with the San <br />Mateo County Recorder. <br /> <br />3.4 Easement Agreement. The Easement Agreement in the form <br />attached hereto as Exhibit I shall have been executed and delivered by Licensor and the <br />City and recorded with the San Mateo County Recorder's Office. <br /> <br />4. Covenants of Licensee. The grant of the license pursuant to Section 1 of <br />this Agreement and the City's right to enter upon the Easement Areas to perform the <br />BCDC Improvements is subject to the City faithfully complying with all of the following <br />affirmative and negative covenants set forth in Sections 4.1 through 4.8 below during the <br />entire term of this Agreement (collectively, the "Covenants"): <br /> <br />4.1 Compliance With BCDC Permit and Permits and Approvals. All of <br />the BCDC Improvements shall be completed in strict accordance with the BCDC Permit <br />and all Permits and Approvals. Any amendment to the BCDC Permit as it relates to the <br />BCDC Improvements within the Easement Areas shall require the prior written approval <br />of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. <br />No approval by Licensor of any amendments to the BCDC Permit shall (i) impose any <br />liability on Licensor or constitute a representation or warranty by Licensor as to the <br />adequacy or sufficiency of the BCDC Permit or (ii) in any manner or to any extent cancel, <br /> <br />4 <br /> <br />-- 11' <br />