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2900 - Site Mitigation Program
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PR0523386
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Last modified
2/8/2019 12:14:13 PM
Creation date
2/8/2019 11:32:35 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
FIELD DOCUMENTS
RECORD_ID
PR0523386
PE
2965
FACILITY_ID
FA0015803
FACILITY_NAME
RICHLAND PLANNED COMMUNITIES
STREET_NUMBER
1240
STREET_NAME
BOWMAN
STREET_TYPE
RD
City
STOCKTON
Zip
95202
CURRENT_STATUS
01
SITE_LOCATION
1240 BOWMAN RD
QC Status
Approved
Scanner
WNg
Tags
EHD - Public
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NOU-18-2084 09:57 P.04 <br /> Liability Insurance. Such insurance shall: (i) include contractual liability insurance coverage; (ii) have a <br /> minimum combined single limit of liability of at least Two Million Dollar (52,000,000); (iii) be <br /> written to apply to all contractual and indemnification obligations of Licensee under the Agreement, <br /> and all bodily injury, property damage, personal and advertising injuries and other covered loss, <br /> however oc=ioned, occurring during the policy term; (iv) include broad form property damage <br /> coverage; and (v) be endorsed to add Licensor, as an additional insumd, to provide that such coverage <br /> shall be primary, and that any other insurance maintained by or for LiccnsOrandlor any additional <br /> insured shall be excess insurance only, Such coverage shall also: (a) delete any employee exclusion on <br /> personal injury coverage; (b) include employees as additional insureds; and (c) delete any liquor <br /> liability exclusion. <br /> 2.2. Worker's comvertsation lncurance. Licensee or its affiliates shall maintain Workers' <br /> Compensation insurance in accordance with California law, and employer's liability insurance with a <br /> limit of not less than One Million Dollars ($1,000,000)per employee and per accident or disease. <br /> 2.3. Insurance Provisions. All liability insurance maintained by Licensee shall provide for <br /> severability of interests, shall provide that any act or omission of one of the named and/or additional <br /> insureds :hall not reduce or void coverage to the other named insureds, and shall be written on an <br /> occurrence basis. Such coverage shall also be endorsed to waive the insurer's right of subrogation. All <br /> coverages described in this section shall be endorsed to provide Licensor with thirty (30) days prior <br /> written notice of cancellation or change in terms. The limits of insurance required by this Agreement <br /> shall not limit the liability of Licensee nor relieve Licensee of any obligation ander this AgrocmcnL All <br /> insurance politics required to be carried under this Agreement shall be written by insurance companies <br /> and be in a form and content, reasonably satisfactory to Licensor. Licensee shall deliver to Licensor, <br /> prior to any entry upon the Property by Licensee, its employees,agents or contractors, and prior to tach <br /> policy's renewal date, Certificates of Insurance naming Licensor, as an additional insured, evidencing <br /> that such insurance is in effect and is in compliance with this Paragraph 2. <br /> 3- Survival. The provisions of this Right of Entry Agreement and the obligations of Licensee <br /> under this Right of Entry Agreement shall cease upon the purchase of the Property by the <br /> Optionce/Licensee, but shall survive the termination of the Option in the event of non-exercise of the <br /> Option by the Optioncc/Liccnsce. <br /> 4, Litigati-Qr1-CostsIf any legal action or any other proceeding, including arbitration or an action <br /> for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged <br /> dispute, breach, default, or misrepresentation in connection with any provision of this Agrcemcnt, the <br /> prevailing patty shall be entitled to recover reasonable attorney fees and other costs incurred in that <br /> action or proceeding, in addition to any other relief to which the prevailing party may be entitled. <br /> "Prevailing party" shall include without limitation (a) a party who dismisses an action in exchange for <br /> sums allegedly due: (b) a party who receives performance from another party of an alleged breach of <br /> covenant or a desired remedy whore the remedy is substantially equal to the relief sought in an action; <br /> or(c) the party determined to be the prevailing party by a court of law. <br /> RiG Blanco Right of Entry 11/3104 3 <br />
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