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AgdaPkt 2012-04-23
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AgdaPkt 2012-04-23
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Last modified
7/2/2012 3:14:08 PM
Creation date
4/19/2012 5:48:38 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
4/23/2012
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6.1.G. - Page 14 <br /> hereunder, as well as the deductibles and/or self-insurance retentions in effect from time to time <br /> (but PG&E agrees that it will not increase required coverage limits more often than once in any <br /> five-year period). All insurance required under tliis Agreement shall be effected under valid, <br /> enforceable policies issued by insurers of recognized responsibility, as reasonably determined by <br /> PG&E, and shall be written on forms and with insurance carriers acceptable to PG&E. For so long <br /> as Grantee is an agency or instn�mentality of the United States of Ainerica, the State of California <br /> or any political subdivision thereof, then Grantee inay elect to self-insure for any or all of the <br /> required coverage. If Grantee is permitted to self-insure hereunder a�ld elects to do sq Grantee <br /> shall be liable to PG&E for the full equivalent of insurance coverage which would have been <br /> available to PG&E if all required insurance policies had been obtained by Grantee froin a tlurd <br /> party insurer, in the form required by this Agreeinent, and shall pay on behalf of or indeinnify <br /> PG&E for all amounts which would ha�e been payable by the tlurd party insurer. lii addition, <br /> Grantee shall act with the same proinptness and subject to the same standards of good faith as <br /> would apply to a tlurd party insurance company. Grantee is also responsible for causing its agents, <br /> contractors and subcontractors to comply with the insurance requirements of this Agreement at all <br /> relevant times (provided, however, that Grantee, in the exercise of its reasonable judgment, may <br /> permit contractors and subcontractors to maintain coverages and limits lower than those required <br /> of Grantee, provided the coverages and limits required by Grantee are commercially reasonable in <br /> light of applicable circumstances). Any policy of liability insurance required to be maintained <br /> hereunder by Grantee may be maintained under a so-called "blanlcet policy" insuring other <br /> locations and/or other persons, so lon� as PG&E is specifically named as an additional insured <br /> under such policy and the coverages and amounts of insurance required to be provided hereunder <br /> are not thereby iinpaired or diminished. In addition, liability insurance coverages inay be provided <br /> under single policies for the full limits, or by a coinbination of ui7derlying policies with the balance <br /> provided by excess or uinbrella liability insurance policies. <br /> 12. Mechanics' Liens. Grantee shall lceep the lar�er parcel of property containing the <br /> Easeinent Area free and clear of all mechanics', material suppliers' or siinilar liens, or claims <br /> thereof, arising or alleged to arise in coiulection with any worlc performed, labor or materials <br /> supplied or delivered, or similar activities perforined by Grantee or at its request or for its benefit. <br /> If any inechanics' liens are placed on the larger parcel of property contaiiung the Easeinent Area in <br /> coi7nection with the activities or facilities set forth in this Agreement, Grantee shall promptly cause <br /> such liens to be released and removed from title, either by payment or by recording a lien release <br /> bond in the manner specified in Califon7ia Civil Code Section 3143 or any successor statute. <br /> 13. Notice. Any notices or commuiucations hereunder shall be in writing and shall be <br /> personally delivered, or sent by first class mail, certified or registered, postage prepaid, or by <br /> national overnight courier, with charges prepaid for next business day delivery, addressed to the <br /> addressee parry at the address or addresses listed below, or to such other address or addresses as <br /> such party may from time to time designate in writing. Notices shall be deemed received upon <br /> actual receipt or refi�sal of the notice by the party being sent the notice. <br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT <br /> REV:04-18-12 VR <br /> Page 10 of 24 <br />
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