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6.C. - Page 12 of 147 <br />other parties, including the operation of vehicles or equipment over the Culvert Easement Area <br />by any other parties, or for any damage to the Box Culvert Improvements caused by Cargill's <br />operation of vehicles or equipment on the surface of the Cargill Property, provided that Cargill <br />does not utilize vehicles or equipment which are not Load Compliant Vehicles. Each Grantee <br />Agency agrees that, as part of the Cargill Operations, Cargill may excavate any areas overlying <br />any Cargill Facilities, including over the Transbay Pipeline, within the Culvert Easement Area or <br />Culvert Access Area as necessary to access, repair, replace, operate or maintain such Cargill <br />Facilities, provided that Cargill restores any such excavated areas to their original condition, and <br />provided that such work is conducted pursuant to a written scope of work approved in advance <br />by the District with such approval not to be unreasonably withheld, conditioned or delayed <br />("Cargill Work"). Prior to approval, District shall provide notice of the written scope of work <br />to the other Grantee Agencies. Each Grantee Agency agrees that any Cargill Work conducted by <br />Cargill in compliance with this Section 7 shall not be interpreted or construed as a material <br />interference with the rights granted to each Grantee Agency under this Agreement. Any damage <br />to the Box Culvert Improvements and appurtenances caused by Cargill in connection with any <br />Cargill Work shall be repaired and/or corrected promptly by Cargill. <br />8. Cargill Property. Each Grantee Agency understands and acknowledges that <br />Cargill retains the right to make any use of the Cargill Property provided such use does not <br />materially interfere with a Grantee Agency's use and enjoyment of the rights granted under this <br />Agreement. Each Grantee Agency further acknowledges and agrees that Cargill, subject to <br />compliance with applicable laws and receipt of necessary permits and entitlements, may <br />construct or cause the construction or grant the right to construct new improvements over the <br />Cargill Property, including roadways for public or private access, trails, bridges and related <br />improvements directly over the Culvert Access Area, and also including the Bedwell Bayfront <br />Park Entrance Improvement Program proposed by Menlo Park, except for buildings and related <br />structures directly over the Culvert Easement Area and provided such improvements do not <br />directly encroach upon the Box Culvert Improvements or otherwise materially interfere with the <br />Grantee Agencies' use and enjoyment of the rights granted under this Agreement (collectively, <br />"New Improvements"). <br />9. Insurance. Prior to entry upon either the Cargill Property, each Grantee Agency <br />and each contractor or subcontractor of a Grantee Agency shall provide to Cargill copies of <br />insurance certificates or other acceptable evidence showing that it maintains the following <br />coverages or any higher amounts as may be required by law or regulation: <br />Type of Insurance <br />Workers' Compensation <br />Employer's Liability <br />Commercial General Liability <br />(including Contractual Liability) <br />Automobile Liability <br />Professional Liability <br />7 <br />Limits <br />Statutory <br />$1,000,000 each occurrence <br />Bodily injury and death: <br />$1,000,000 combined single limit <br />Property damage: $1,000,000 <br />combined single limit. <br />$1,000,000 each occurrence <br />$1,000,000 each occurrence <br />105 <br />