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V. Identify any deductibles or self-insured retentions for Oak Street's approval. Oak Street retains the right to require Permittee to reduce or eliminate such deductibles or self-insured retentions as they apply to Owner. A. GENERAL LIABILITY insurance (written on ISO policy form CG 00 01 or its equivalent)with limits of not less than the following: General Aggregate $ 2 million Products/Completed Operations Aggregate $ 1 million Personal and Advertising Injury $ 1 million Each Occurrence $ 1 million B. AUTO LIABILITY insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "autos used at the site or in connection with the work." C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY insurance providing workers' compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which Permittee or its Contractor is responsible. D. FAILURE TO PROCURE INSURANCE: Failure on the part of Contractor to procure or maintain or cause to be procured or maintained, the required programs of insurance shall constitute a material breach of contract upon which Owner may immediately terminate this Agreement.. 9. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs,representatives,successors and permitted assigns of the parties hereto. 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be amended or terminated except by a writing executed by both parties to this Agreement. 11. Attorney's Fees. In the event of any litigation between the parties hereto with respect to any rights or obligations hereunder, the unsuccessful party to any such litigation shall pay to the successful party therein all costs and expenses, including but not limited to court costs and reasonable attorney's fees incurred therein by such successful party, which costs, expenses and reasonable attorney's fees shall be included in, and as a part of, any judgment rendered or settlement in such litigation. 12. Waiver. Neither Party shall be deemed to have waived any term or provision of this Agreement unless such waiver shall be in writing. The waiver of a term or provision of this Agreement by a Party on one occasion shall not constitute a continuing waiver thereof or a waiver as to other terms or provisions hereof. 3