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business in California and shall provide for contractual liability coverage so as to insure <br /> Permittee's obligations for personal injury and property damage as provided in this agreement <br /> and shall cover damages due to flooding,landslide and•subsidence arising out of Pernuttee's <br /> operations. A certificate of said insurance shall be provided to District upon or prior to entering <br /> upon the property. Permittee shall not cancel said insurance policy without thirty(3 0)days prior <br /> written notice to District,nor prior to meeting conditions set forth in this Permit. <br /> Reclamation District 2119,its board of trustees and officers thereof shall be named as <br /> additional insureds on the policy or policies of insurance required to be maintained by permittee, <br /> Permittee acknowledges that the subject premises could be flooded from many causes, <br /> including without limitation,the following: <br /> A. Levee overtopping and levee failure due to natural causes such as winds,tides,barometric <br /> pressure changes,rainfall,rainfall runoff,earthquakes,levee settlement and rodents. <br /> B. Levee overtopping and levee failure due to man-related causes including negligence of <br /> the landowner,any Reclamation District and any other governmental agency such as <br /> inadequate or improper levee maintenance,flood fighting and/or patrol,dredging,water <br /> releases,obstructing water flows and water diversions. <br /> C. Failure of the drainage system due to natural or man-related causes includin ne i ence <br /> of owner,any Reclamation District,and any governmental agency. g g <br /> D. Failure to construct,repair,maintain or operate levees,drainage or irrigation facilities or <br /> other facilities whether due to limited funding or otherwise. <br /> Permittee hereby expressly assumes the risk of damage to itself,its contractors, <br /> employees and agents arising out of the above and hereby waives the right,including the right on <br /> the part of any insurer through subrogation, to make any claim pertaining to the same as against <br /> any Reclamation District or District or either thereof and their respective trustees,directors, <br /> officers,partners,agents or employees. Permittee agrees to hold the landowners,tenants and the <br /> District,its trustees,directors,officers,partners, agents and employees free and harmless from <br /> and indemnify them against any and all liability,damage,loss,cost or expense and claims for <br /> inverse condemnation and for negligence of any Reclamation District or other governmental <br /> agency for damage to real property belonging to permittee or personal property belonging to or <br /> used or held by permittee including,without limitation,damage to equipment,improvements, <br /> site preparation and wells in any way arising out of flooding or inundation due to the causes set <br /> forth above or any other cause other than an intentional or malicious act. <br /> Permittee shall immediately report to District any ground settlement or water flow in the <br /> vicinity of its work on the District's Ievee. <br /> 2 <br />