|
09/04/97 THU 18:47 FAb 583 3282 ULTRAILAR � 4Nvv0
<br /> r�
<br /> the Property,Ultramar will cause any tools, equipment or tnateriahs placed thereon to be
<br /> removed and will exercise due diligence to Titers the property to its former coDdition
<br /> ch
<br /> U tm=shall take all resaanable measures to perform the Activities i the macsn to
<br /> least interferes with the mon of any business on the property,including
<br /> acreen or otherwise keep fmm view any equipment or systems installed at the propeaty,and
<br /> to avoid interfering with ingress and egress of customers to the Propctty.
<br /> Safeway late eopies of all
<br /> 4. C Ultrarrsm agrees top Age s withi with comp of Ultramar'$
<br /> reports relating to the Property Produced by its Agents within ten(10)days
<br /> receipt of such reports,but Ultram"makes iso representation as to the accoMY,scope,ar
<br /> centers# of such reports,
<br /> and Safeway Wees that it shall have no right to rely on such
<br /> rte,
<br /> _ iTltramar shall indetnn►fy, defend and hold harntless
<br /> $' &=tatx and amploym from any and all claims, demands,
<br /> Safeway and its esncluding, but not limited to, reasonable
<br /> damages, liabilities,
<br /> Obligations and Costs (i
<br /> attorneys`fees)(collectively,"Claims")arising out of or relating to the acts and omissions
<br /> Agents on the Property in connection
<br /> with this Agreement, including i
<br /> of Ultramar and its Agora lies used by Ultramar or
<br /> Claims arising out of or relating to the vehicles,equipment, su supplies
<br /> its Agents in connection with the Activities.
<br /> prior to the gforma nce of any Activities,Ultramar agrees to provide
<br /> 6.
<br /> Safeway a Certificate of Insurance naming Safeway as an"Additional Insured"and insuring
<br /> Safeway during the team of this Apaem
<br /> ars#from the liability get forth in Paragraph 5 above,
<br /> with insurers that have a rating of Best's rated B+,Y or better as follows:
<br /> A. Commercial general liability insurance(occtermwe,not claims-made, form)
<br /> with a broad form endorsement including liability, contractual "ability,
<br /> p
<br /> pToducts cotnpleted operations liability, menuf ouveesicontractoes liability, and
<br /> broad form property damage,with minimum primary limits of$2,000,000 combined
<br /> single#unit. Such insurance may have a deductible not to exceed$5,000.
<br /> B. WorlceW Compensation Insurance and Lnployer's Liability with minimum
<br /> limits of$1,000.00.
<br /> C. Automobile liability insutancc"with minimurn limits of $1,000,000
<br /> combined single liril"tt, including owned, non-aW+med, and hired vehicles. Such
<br /> inall>mee may have a deductible not to exceed$2,000,
<br /> The commercial general ]lability and automobile liability may be combined and
<br /> scheduled with the umbrella policy to effect total combined limits. Each contract of
<br /> ieserge a required by this Agreement"contain provisions to the effect that the policy
<br /> limits may Dot be reduced,terms elang0d or policy canceled with loss than thirty(30)days
<br /> prior written notice to Saftway. The insurance r"airW by this Agreement shall be primary
<br /> with respect to any other insurance available to Safeway.
<br /> 7. 81 -�g�. This Agreement, and the obligations hereunder, slsall be binding
<br /> upon, and shall inure to the benefit of, Ultramar and Safeway and their respective
<br /> successors,transferees, assigns.
<br /> L men. This Agreement and the exhibit attached hereto contain all o
<br /> the agtzeteents between the parties with respect to t he matters contained hereirt and no .
<br /> prior or,eontemgratreous agrilemeat or understanding pertaining to any of such matters
<br /> shall be efractive far any purpose. No supplimerrt, modification, or amendment to this
<br /> Agent shall be binding unless executed in writing by the parties. NO waiver of any of
<br /> the provisions of this Agmement shahs be deemed,or$bail constitute, any waiver of any
<br /> other'provision,whether or not similar,nor shall any waiver constitute a continuing waiver.
<br /> Tho waiver sball be binding sinless executed in writing by the party making the waiver,
<br /> yPde�atS439lic dee Faetiisy9t el9taa 4CA
<br /> 7108197
<br /> Page 2 oro
<br /> o
<br />
|