FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

• according to the terms of this paragraph and providing that such insurance shall not be canceled except after thirty (30) days written notice to Owner. AKF further agrees that contractors and subcontractors entering the Property or performing work on the Property under this Agreement . shall be required to maintain workers compensation insurance as required by California law. 3. Indemnity. AKF shall indemnify and hold harmless Owner from and against all claims, causes of action, damages, costs, and expenses (including reasonable attorneys' fees and costs), arising from any breach of this Agreement by AKF or any work performed on the Property under this Agreement. 4. Attorneys' Fees. If any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or if any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 5. Binding on Successors. The terms and conditions herein contained shall be binding upon and inure to the benefit of the successors and assignees of the parties hereto. 6. Applicable Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7. Partial Invalidity. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terns, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 8. Well Closure Report. AKF shall provide Owner a copy of the well closure report submitted to the County. 9. Liens. AKF shall not cause or permit any mechanic's, materialman's or other liens or encumbrances of any type to be filed against any portion of the Property. If any such liens are filed, AKF shall immediately discharge, bond, or otherwise secure against all liens and attachments that are filed in connection with the work and shall indemnify, defend and save Owner and the Property harmless from and against any and all claims, losses, and liabilities resulting directly or indirectly from such liens and attachments. If AKF fails to immediately discharge, bond, or otherwise secure against any such liens, Owner may, without releasing AKF from any of its obligations, cause any such liens to be released by any means it shall deem proper, including, without limitation, payment in satisfaction of the claim giving rise to such lien. AKF shall pay to Owner immediately upon demand by Owner, any such sum paid by Owner to Right of Entry and Indemnity Agreement Page 2