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10/03/2002 16:48 20946711 8 AGE STOCKTON PAGE 06 Oct 03 02 114: 08p He And Helens Marina 209 0 8505 p. 6 federal,state or local law,regulation or order or by common law decision, including without limitation smoke, vapor, fumes acids,alkalis,chemicals, chlorinated solvents,petroleum products and petroleum by-products. 11. Insurance. During the term of this Agreement,HERMAN&HELEN'S and its Consultant,shall maintain and shall require its contractors and consultants responsible for the Activities under the Agreement to maintain, in full force and effect,at their own expense,insurance coverage for: Statutory workers' compensation,employer's liability,general liability covering the operations to be performed under this Agreement,property damage,professional liability and automobile liability each in the minimum amount of$1,000,000.00 per occurrence.Except with reference to professional liability, statutory worker's compensation and employee's liability,OWNER shall be named as au additional insured to the extent of the indemnification as shown in Paragraph 10.A,of this Agreement,and the policy shall contain an endorsement requiring at least ten(10) days'written notice from the insurance company to OWNER before cancellation or change in the policy.This insurance shall apply as primary insurance with respect to any other deliver in accordance with the terms of Paragraph 15 certificates of insurance or copies of the insurance policies not less than forty- eight hours in advance of any Activities contemplated under this Agreement. 12. Permits and Compliance with Laws.HERMAN &HELEN'S,its Consultant, contractors, subcontractors and their employees and agents,shall each use reasonable care in their efforts to comply with laws,codes, ordinances and regulations now in effect or that may become effective during the term of this Agreement applicable to its Activities pursuant to the access granted by this Agreement.HERMAN&HELEN'S shall resume the responsibility for notifying the governmental authorities for which it prepared the workplan of the discovery of Hazardous Materials,and for taking all corrective,remedial, or mitigative action.HERMAN&HELEN'S shall pay the costs of checking and inspection fees,zoning application fees,soils engineering fees,testing fees, surveying fees,all legal services in connection with the Activities, all environmental impact report and energy assessment fees and all other fees,permits,bond premiums,and all other charges not specifically covered by the terms of this Agreement. 13. Rights Limited. This Agreement is intended and shall be constructed only as a temporary license to enter and conduct the Activities on the Property and not as a grant of real property or other rights to HERMAN&HELEN'S in the Property. 14. Resolution of Disputes. Upon the mutual consent of the OWNER and HERMAN&HELEN'S any controversy,claim or dispute concerning this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association,and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.Any controversy, claim or dispute shall be construed and enforced in accordance with the laws of the State of California. In any legal or arbitration proceedings brought by either party to enforce or interpret any of the terms or conditions of this Agreements,including the collection of 5