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HPP-tt I K IACk TAOC 6"Street Tracv Rail Yard Legal-Site Across-City of Tracy 3. TERM The license granted herein shall terminate upon completion of the Work. 4. RESTORATION If entry onto the Property by TDPI, or exercise by Chevron OR TDPI of any of its rights or obligations under this Agreement, result in any physical damage to the Property(ordinary wear and tear excepted), TDPI shall promptly repair and restore the portions of the Property damaged to substantially the same condition as existed prior to the damage or exercise of such right or obligation. 5. INDEMNITY TDPI agrees to indemnify, defend and hold Owner, its agents, successors, and assigns, harmless from and against any claims, causes of action, or lawsuits brought by a third party relating to the performance of the Work, including but not limited to, any acts or omissions of TDPI, its agents and consultants, and any agents or subcontractors of such consultants on the Property. TDPI shall undertake all activities conducted under this Agreement at its sole cost and expense. 6. INSURANCE TDPI shall, throughout the duration of this Agreement, maintain insurance in connection with the performance of services under this Agreement at the levels set forth herein. Commercial General Liability coverage shall be maintained in an amount of$2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and third party property damage. Automobile L.iahility coverage shall he maintained in an amount of $1,000,000 per accident for bodily injury and third party property damage. Workers' Compensation cm,erage shall be maintained as required by the State of California. Endorsements. TDPI shall obtain endorsements to the automobile and commercial general liability with the following provisions: Notice of Cancellation. TDPI shall obtain endorsements to all insurance policies by which each insurer is required to provide thirty (30) days prior written notice to the CITY should the policy be canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to thew expiration shall be considered a cancellation. Authorized Insurers. All insurance companies providing coverage to TDPI shall be insurance organizations authorised by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California. -2- 5-29-09 City of Tracy SA!!Clean copy.doc EPG rev.02/04/2009 (Revised5fNI Yl