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<br /> (not to exceed 95%)before Shell undertakes the Remediation Activities and Shell shall perform
<br /> the Restoration Activities in accordance with those specified soil compaction densities.
<br /> (c) Protect, defend with counsel acceptable to Trimark and Shea, indemnify
<br /> and hold Trimark and Shea, and Trimark's and Shea's affiliates, and their partners, managers,
<br /> members,employees, agents,officers, directors and representatives,harmless from and against
<br /> any and all actions, liabilities, claims, damages, losses, costs, and expenses (including,but not
<br /> limited to, experts' fees, reasonable attorneys' fees and the costs and expenses incurred by such
<br /> attorneys and experts) arising out of or in any way related to Shell's entry onto and performance
<br /> of Work on the Property (or any activity thereon or with respect thereto by Shell, its agents,
<br /> employees, consultants,representatives,contractors and/or subcontractors).
<br /> 4. Shell shall not permit any consultant, architect, engineer or contractor of Shell
<br /> ("Shell Agent") to enter onto the Property or commence Work on or relating to the Property until
<br /> such parties have complied with the insurance requirements set forth under this Section 4. Shell
<br /> represents,warrants and covenants that Shell and all Shell Agents,prior to entry onto the
<br /> Property, carry, in full force and effect, the following minimum insurance:
<br /> (a) Commercial General Liability Insurance on an"occurrence"basis, with
<br /> deductibles reasonably acceptable to Trimark and Shea,with a combined single limit for bodily
<br /> injury and property damage of not less than Two Million and No/100 Dollars ($2,000,000),
<br /> which provides for the following:
<br /> (i) Such insurance is primary, without right of contribution from other
<br /> insurance which may be in effect.
<br /> (ii) Such insurance shall not be invalidated by the acts or omissions of
<br /> other insureds.
<br /> (iii) Such insurance shall not be cancelable or reduced in coverage
<br /> without thirty(30) days' prior written notice to Trimark and Shea(except in the case of
<br /> cancellation for nonpayment of premium, in which case cancellation shall not take effect until at
<br /> least ten(10)days' prior written notice has been given to Trimark and Shea). This provision is
<br /> hereinafter referred to as a"Notice of Modification or Cancellation."
<br /> (iv) Trimark and Shea shall be named as an additional insured.
<br /> (v) Such insurance shall include blanket contractual liability,broad
<br /> form property damage and personal injury endorsements.
<br /> (b) Workers Compensation Insurance (at a minimum limit of$1,000,000) for
<br /> all persons whom it employs in carrying out its activities on the Property endorsed to provide
<br /> Notice of Modification or Cancellation;
<br /> (c) Automobile liability insurance, including coverage for all owned, hired
<br /> and non-owned automobiles, with not less than Two Million and No/100 Dollars ($2,000,000),
<br /> Site Access Agreement(Mountain House-Neighborhood C&D)
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