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6.C. - Page 64 of 147 <br />Parties may enter into a separate agreement or agreements governing operations and maintenance <br />of the Drainage Facilities. <br />9. Cargill Point and Cargill Operations. Each Grantee Agency understands and <br />acknowledges that Cargill Point and Cargill retain the right to operate, maintain, repair, replace <br />and/or construct facilities related to Cargill Point's and Cargill's operations (the "Cargill <br />Operations"), and that nothing in this Agreement shall be interpreted so as to prevent Cargill <br />Point and/or Cargill from conducting Cargill Operations, provided such operations do not <br />materially interfere with the rights granted under this Agreement. <br />10. Cargill Point and Cargill Property Use. Each Grantee Agency understands and <br />acknowledges that Cargill Point and Cargill retain the right to make any use of the Cargill Point <br />Property and Cargill Property, respectively, provided such use does not materially interfere with <br />a Grantee Agency's use and enjoyment of the rights granted under this Agreement. Each <br />Grantee Agency further acknowledges and agrees that Cargill Point and Cargill, subject to <br />compliance with applicable laws and receipt of necessary permits and entitlements, may <br />construct or cause the construction of new improvements over the Cargill Point Property and <br />Cargill Property, respectively, including roadways for public or private access, bridges and <br />related improvements directly over the Drainage Easement Area, provided such improvements <br />do not directly encroach upon the Drainage Facilities or otherwise materially interfere with the <br />Grantee Agencies' use and enjoyment of the rights granted under this Agreement (collectively, <br />"New Improvements"). <br />11. Insurance. Prior to entry upon either the Cargill Point Property or the Cargill <br />Property, each Grantee Agency and each contractor or subcontractor of a Grantee Agency shall <br />provide to Cargill Point and Cargill copies of insurance certificates or other acceptable evidence <br />showing that it maintains the following coverages or any higher amounts as may be required by <br />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 />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 />The certificates of Commercial General Liability and Professional Liability insurance, if <br />applicable shall provide that Cargill Point and Cargill shall be given not less than thirty (30) <br />days' written notice before cancellation or any material change in the insurance. The insurance <br />coverage shall be written on an occurrence rather than on a claims -made basis, shall be written <br />by carriers with an A.M. Best Rating of A -VIII or better, or provided by self-insurance as <br />authorized by the California Government Code, and shall remain in effect during the term of this <br />Con <br />157 <br />