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<br /> 3. INDEMNITY
<br /> Musco covenants and agrees to indemnify, defend and hold Landowner, Landowner's
<br /> agents, and assigns, and Landowner's Property harmless from and against any and all
<br /> claims, liens, obligations, demands, causes of action, damages, liabilities, costs, expenses
<br /> (including reasonable attorneys' fees and costs of suit incurred in connection with all
<br /> such claims),including any actions or proceedings brought thereon, except for any claims
<br /> arising from the sole, active negligence of Landowner (collectively, "Claims"), arising
<br /> from or as a result of the injury to or death of any person, or damage to the Landowner's
<br /> Property, or the property or chattels of Musco or its officers, employees and contractors,
<br /> which occur on the Landowner's Property as a result of: (i) the entry onto Landowner's
<br /> Property by Musco and/or Musco's agents, contractors, sub-contractors, materialmen or
<br /> employees or anyone else claiming under Musco; (ii) any activity,work, or thing done or
<br /> permitted in or about the Landowner's Property by Musco and/or Musco's agents,
<br /> contractors, subcontractors, materialmen or employees or anyone else claiming under
<br /> Musco; (iii) any breach or violation by Musco and/or Musco's agents, contractors,
<br /> subcontractors, materialmen or employees or anyone else claiming under Musco of any
<br /> term or covenant of this Agreement, or any law, statute,rule, ordinance, or regulation.
<br /> 4. INSURANCE
<br /> Musco agrees to maintain in fill force during the Term of this Agreement, at Musco's
<br /> own expense, a policy of comprehensive liability insurance, including property damage,
<br /> which will insure Musca and Landowner against liability for injury to persons, damage to
<br /> property, and death of any person occurring in or about the Property. The policy shall be
<br /> approved as to form and insurance by Landowner. The insurance shall not be less than
<br /> $2,000,000 for any one person injured or killed, not less than $4,000,000 for any one
<br /> incident, and not less than $500,000 for property damage. Musco shall provide
<br /> Landowner with a copy of the policy, including an endorsement that states that the
<br /> policy, including an endorsement that states that the policy will not be cancelled except
<br /> after 10 days' notice in writing to Landowner. Prior to utilizing Landowner's Property,
<br /> Musco shall have obtained all permits and approvals, if any, necessary from any
<br /> governmental agency for its use of the Landowner's Property as contemplated in this
<br /> Agreement. Musco's use of the Landowner's Property shall comply at all times with all
<br /> state, federal, and local applicable rules,regulations, laws, statutes and ordinances.
<br /> 5.NOTICES
<br /> Written notices,when required by this Agreement, shall be sent to the following:
<br /> To Landowner at: To Musco at:
<br /> Tracy Hills LLC Musco Family Olive Co.
<br /> Attn: Mark Enes Attn: Benjamin Hall
<br /> 7700 College Town Drive, Suite 100 17950 Via Nicolo
<br /> Sacramento, CA 95826 Tracy, CA 95377
<br /> 02712W 9:<8:56AM
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