ARCHIVED REPORTS_XR0002058 - Laserfiche WebLink

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the Property,Ultramar will cause any tools, oquigmeal or niatesials placed thereon to be removed and will exercise due diligence to restara the Property to its former condition. Ultramar shall take all reasonable measures to perform the Activities w the inanncr which ' least interferon with the operation of any busyness on the Property, including measures to ' screen or otherwise keep from view any equ3pm=4 or systems installed at the Property.slid to avoid interftring with tngress and egress of customers to the Property 4. Capita of RapaM Ultramar agrees to provide Safeway vnth complete copies of all ' reports relating to the Property produced by its Agents wnthm ten(10)days of Ultremes receipt of such reports,but Ultramar makes no rept+ untahon as to the accuracy,grape,or content of such reports, and Safeway agrees that it shall have no right to rely on such reports ' S. tndtmnttp - Hold HarmIcS , Ultramar&hail cadematfy, defend and Bold hm=Jess Safeway and its officers, directors and employeas from any and a!1 claims. demands, damages, liabilities, obligations and coats (mehiding, but not UmAed to. reasonable attomeW fear)(coiloeuvely, "Claims")ansing out of or relating to the acts and omisarans of Ultramar and its Agents on the Property in connection with this Agreement; including Claims ansing out of or relating to the vehicles,equipment.or aWlias used by Ultramar or its Agents in connection with the Activities. ' b. Innum"& Pnor to the performance of any Activities, Ultramar agrees to provide Safeway a Cer>iEeate of Insurance nammg Safeway as sn"Additional Insured"and insuring Safeway during the term of thio Agreement Sere the liability so forth in Paragraph 5 above, with insure m that have a rating of Best's rated Bf,V or better as follows; A Commercial general liability insussuice(occurrence,not claims-made. form) with a broad fbrm endorsement including promises liability, contractual liability. products compkted operations liability, manufaanwWalcontractor's liability, and broad form property damage,with minimum primary limits of$2,000,000 combined single timiit Stich insurance may have a deductible not to exceed$5,000 B. Workers'Compensation Insurance and Employees Liability vnth minimum limits of S 1,000 00 C. Auitomobde habihty insurance with minianum limits of $1,000,000 combined single limit, including owned, uon-o n and limed vehicles. Stich ricaurmiee may have a deductible not to exceed$2,000. ' The commnerocal general liability and tititornobila liability may be combined and ached" with the iirnbrella policy to effect total combined limits. Each contract of insurance required by flus Agreement shall contain provisions to the effect that the policy limit&may not be reduced,terms changed or policy canceled with less there dusty(30)days ' prior written notice to Safeway The inanrance regrnred by this Agreememl shall be primary with rasped to any other insurance available to Safeway 7. BJR&a yam, Ibis Agreement, and the obligations humader, shall be binding upon, and shall hm to the benefit of Ultrennw and Safeway and their respective suooeasozs.Usnnafrrms,and assigns. S. Endo A&Mment- This Agreement and the=knnbit attached hereto cxntzun all o the amts between the parties with respect to t he maths contalrwd haein and no pnor or oonteniporsaeocis agraeu mt or uwknundi ng pertiutnng two any of such matters awl be effective far say purpose. No supplement,modification or a moxhn ait to thio Agieoment shall be bmding unlet ctmrufed in wath*by the patch. No waiver of any of the provisions of this Agreement shall be deemed, or shat!constitute, any waiver of any other provisim whether or not similar,nor shall any waiver constitute a contfmmmg waiver No waiver shall be binding unless executed in writing by rho party malar$the waiver. Cl- 91�c deo Paellity Aro."19IM J gWdMm6 G Paas 2 af 4