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• • <br /> liability insurance issued by the insurance carrier demonstrating compliance with the terms of <br /> this paragraph and providing that such insurance shall not be canceled except after thirty (30) <br /> days written notice to Owner. AKF further agrees that contractors and subcontractors entering <br /> the Property or performing work on the Property under this Agreement shall be required to <br /> maintain workers compensation insurance as required by applicable law. AKF shall also <br /> provide,or cause its contractors and subcontractors entering the Property or performing work on <br /> the Property under this Agreement to provide, professional liability insurance (or a"Consultant's <br /> Environmental Liability Policy" combining coverage for professional liability and for <br /> contractor's pollution liability) with respect to all work performed under or in connection with <br /> this Agreement, covering claims arising from real or alleged errors, omissions or negligent acts <br /> committed in connection with the performance of any such work. Such policy shall not contain <br /> any exclusions or limitations regarding the release of asbestos or other pollutants. Such policy <br /> shall include Owner as an additional insured and the limits of liability shall not be less than Five <br /> Million Dollars($5,000,000.00)per claim. <br /> 3. Indemnity. AKF shall indemnify, defend and hold harmless Owner from and <br /> against all claims, causes of action, damages, costs, and expenses (including reasonable <br /> attorneys' fees and costs), arising from any breach of this Agreement by AKF or any use of the <br /> Property under this Agreement. <br /> 4. Liens. AKF shall not permit liens or claims of any nature relating to the Well <br /> closure and/or use of the Property pursuant to this Agreement to be filed or charged against the <br /> Property. Should any such lien be filed against the Property,AKF shall,within 30 days after notice <br /> of the filing thereof,cause the same to be discharged of record by payment,deposit, bond,order of a <br /> court of competent jurisdiction or otherwise. <br /> 5. Damage. Other than the Well,no existing improvements located on the Property <br /> shall be removed or disturbed. AKF shall use its best efforts to prevent any damage to the Property <br /> and any interference with operations on the Property. Any damage caused by or related to the use <br /> of the Property pursuant to this Agreement or performance of the Well closure(including,but not <br /> limited to,damage to landscaping or pavement) shall be immediately repaired by AKF at its sole <br /> cost and expense. <br /> 6. Attorneys' Fees. If any party hereto institutes an action or proceeding for a <br /> declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged <br /> breach or default of, or any other action arising out of, this Agreement, or the transactions <br /> contemplated hereby, or if any party is in default of its obligations pursuant thereto, whether or <br /> not suit is filed or prosecuted to final judgment,the non-defaulting party or prevailing party shall <br /> be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other <br /> damages or relief awarded. <br /> 7. Binding on Successors. The terms and conditions herein contained shall be <br /> binding upon and inure to the benefit of the successors and assignees of the parties hereto. <br /> 8. Applicable Law. This Agreement and each and every related document are to be <br /> governed by, and construed in accordance with, the laws of the State of California. <br /> Hight of Entry and Indemnity Agreement Page 2 <br />