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SENT BY:IRELL & MANELLA ;11-13-91 14:44 i IRELL & MANELLA4 2094653071 ;# 4 <br /> governmental laws and regulations, whether voluntary or. <br /> mandatory. <br /> 5. Insurance_ <br /> (a) During the tar= of this Agreement, Kearney shall <br /> at all times maintain, at its sole cost and expense, and shall <br /> provide Landowner within ten (10) days of written demand with <br /> evidence of general liability insurance against claims for <br /> injury, death or property damage occurring in, on, or about the <br /> Property or adjoining streets, such insurance to afford <br /> protection of not lass than $10,000,000 with respect to injury or <br /> death to any one person, not lees than $10,000,000 with respect <br /> to any one occurrence, and not less than $100,000,000 with <br /> respect to property damage or injury. <br /> (b) Form of Policies. All such policies of insurance <br /> shall include Kearney and Landowner as named insureds and shall <br /> be issued by insurers of recognized sound reputation and <br /> financial standing that are authorized to conduct that type of <br /> business in the state of California. Each such policy shall bear <br /> an endorsement to the effect that notice of intention of <br /> cancellation thereof shall be given to Landowner no less than 30 <br /> days prior to the effective date of such cancellation. <br /> (c) Kearney's Default. Should Kearney fail to affect, <br /> maintain or renew any insurance provided for in this Agreement or <br /> to pay any premium therefor, Kearney shall promptly notify <br /> Landowner of such failure and Landowner at Landowner's option, <br /> but without obligation so to do, may upon five (5) days, notice <br /> to Kearney of its intention to do so, procure such insurance and <br /> charge Kearney with the cost and premiums therefor plus interest <br /> at the lower of eighteen percent per annum or the maximum rate <br /> permitted by law from the date such expenditures are made by <br /> Landowner. <br /> 6. Maintenance. Repairs. Removal. Kearney shall, at <br /> Kearney's sole cost and expense, keep and maintain the well and <br /> appurtenances and every part thereof, in good order, condition <br /> and repair. Once the Well is no longer required to be <br /> maintained, Kearney shall promptly remove the Well or destroy the <br /> Well in place and restore the Property using state-approved <br /> procedures. Kearney represents and warrants that at all times, <br /> including those times when Kearney's employees or personnel are <br /> not present at the Property, the well and any other of Kearney's <br /> facilities and equipment at the Property shall be kept in a safe <br /> and secure condition such that trespassers or other persons that <br /> come upon the Property cannot gain access to or operate the Well <br /> or any of Kearney's other equipment or facilities. <br /> zsuT000000�s.ws - 3 <br />