Agmt12 Hunter/Storm Right of Entry Block 2

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(i) Commercial General Liability insurance, or its equivalent, with limits not less than $2 million per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or be twice the required occurrence limit. Such insurance shall be primary and not contribute with any insurance or self-insurance maintained by City. Such insurance shall be endorsed to designate City, its elected and appointed officials, employees, and volunteers as additional insureds. (ii) Business automobile liability insurance with limits not less than $1 million per occurrence. Such insurance shall include coverage for owned, non- owned, and hired automobiles. (iii) Workers' compensation insurance as required by California law and Employer's Liability insurance with limits not less than $1 million per accident for bodily injury or disease. The workers' compensation insurance shall contain an endorsement stating the insurer waives any right of subrogation against City, its elected and appointed officials, employees and volunteers. (b) Special Provisions Applicable to All Covera�. (i) The policy must provide City 30 days' notice of cancellation. (ii) Self-insured retentions must be declared and approved by City. (c) Evidence of Insurance. Prior to commencement of work, Buyer shall furnish City with certificates and specified endorsements evidencing compliance with these insurance requirements. Buyer agrees to provide complete, certified copies of all required insurance policies if requested by City. (d) Acceptabilitv of Insurers. Insurance shall be placed with insurers that maintain an A.M. Best rating of A-, VII or better or otherwise meet the written approval of City. (e) Contractors; Subcontractors. Buyer shall ensure that contractors and subcontractors maintain insurance that complies with the requirements stated herein. 7. Indemnification bv Buyer. Buyer shall defend, indemnify, protect and hold City harmless from any and all costs, expenses (including, without limitation, reasonable attorneys' fees and expenses), claims, damages, losses, liabilities and demands arising from or related to Buyer, or Buyer's agents', employees', contractors' or consultants', entry upon the Property or the exercise of Buyer's rights under this Agreement, whether occurring prior to, on or after the date of this Agreement, including (without limitation) (i) damage to the Property or any adjacent properties, buildings or improvements; (ii) injury to or death or any person, and/or (iii) the further release of any hazardous materials, including lead based paint or asbestos, presently existing on or about the Property as a result of testing for the same (collectively, "Buyer's Indemnity Obligations"). However, notwithstanding anything to the contrary contained herein, Buyer shall have no liability under this Agreement with respect to the discovery of Hazardous Materials on the Property as a result of the Studies. Buyer's Indemnity Obligations and liability under this Section 7 shall survive the termination of this Agreement. ATTY/AGR/2012.102/RIGHT OF ENTRY(LICENSE)FOR HUNTERSTORM REV:08-27-12 VR Page 3 of 7