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3. RP agrees to provide Owner with copies of all data,analyses,and final reports that are <br /> prepared relating to the investigation performed on the Property,if requested in writing by <br /> Owner. <br /> 4. RP agrees to indemnify,defend,and hold Owner harmless from any third party liabilities, <br /> claims,damage,losses,or suits resulting from the performance of its assessment activities on <br /> the Property pursuant to this Agreement. <br /> 5. RP shall require that its contractors and consultants,who may perform the investigation <br /> activities on the Property pursuant to this Agreement,maintain insurance coverage as described <br /> below: <br /> •At levels equal or higher than those listed on Attachment 1 and 2(Sample of Certificate <br /> of Liability Insurance) <br /> •Each policy shall name the Tracy Unified School District,and all authorized agents,and <br /> representatives,and members,directors,officers,trustees,agents and employees of any <br /> of them as Additional Insured and shall be issued by carrier(s)satisfactory to the <br /> Owner and licensed through the Department of Insurance to conduct business in <br /> California <br /> •A valid Certificate of Insurance naming the Tracy Unified School District as the <br /> Certificate Holder must be submitted to the Owner before access to the Property is <br /> granted to RP for work to be performed by RP or any of its contractors and consultants. <br /> 6. RP shall discharge at once or bond or otherwise secure against all liens and attachments which <br /> are filed in connection with the assessment performed on the Property pursuant to this <br /> Agreement,and shall indemnify and save Owner harmless from and against any and all loss, <br /> damage,injury,liability and claims thereof resulting directly or indirectly from such liens and <br /> attachments. <br /> 7. RP's right of access to the Property to perform the assessment shall terminate upon the removal <br /> from the Property of all assessment equipment and the removal and proper abandonment of <br /> any and all soil borings placed on the Property by the RP,or upon notice by Owner terminating <br /> the Agreement,which notice shall be effective sixty(60)days from the date of receipt of said <br /> notice by RP. <br /> 8. RP and Owner shall be responsible for ensuring that their respective contact information for <br /> notice of field access or other notifications described herein are current. <br /> 9. RP agrees to make all necessary repairs to any and all surface and subsurface damage to the <br /> Property caused by RP or any of its Contractors or Consultants,in whole or in part,at RP's <br /> sole cost in a timely manner and to the satisfaction of the Owner. The Owner will provide <br /> record drawings of the site to RP upon request however,the Owner will not be held responsible <br /> for any damage caused by RP or its Contractors or Consultants if said record drawings do not <br /> indicate subsurface utilities that become damaged by RP or its Contractors or Consultants. <br /> Page 2 of 3 <br />