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ADC Site#:4912 <br /> Acquisition#:5445 <br /> Licensee's obligations hereunder shall not be negated or reduced by virtue of an insurance <br /> carrier's denial of coverage for the occurrence or event which is the subject matter of the claim <br /> or refusal to defend. This indemnification shall survive the expiration or earlier termination of <br /> this License and shall apply whether or not arising out of any claim by a third party. <br /> However, this indemnity and hold harmless obligation shall not apply to any <br /> Claims to the extent caused by the sole negligence, gross negligence or willful misconduct of <br /> McDonald's or Operator. This indemnity is expressly conditioned on the following: <br /> a) In the event McDonald's or Operator shall identify any matter to which <br /> this indemnity may apply or receive a notice or claim from any third party of such matter, <br /> it shall promptly,notify Licensee in writing of such matter. <br /> b) McDonald's or Operator shall cooperate with Licensee by allowing <br /> Licensee, its agents,representatives, contractors and consultants prompt and ready access <br /> to the Property for the purpose of investigating any matter to which this indemnity may <br /> apply. McDonald's or Operator shall provide Licensee with copies of all non-privileged <br /> investigative reports, data, or other information in any form which McDonald's or <br /> Operator, its consultants or attorneys may have pertaining to any such matter, upon <br /> request of Licensee. <br /> 7. Insurance. <br /> a) The Licensee shall procure and maintain in effect during the term of this <br /> License the insurance coverages described below, which insurance shall be placed with <br /> insurance companies authorized to do business in the state in which the Property is <br /> located, rated A VIII or better by the current edition of Best's Key Rating Guide and <br /> approved in advance in writing by McDonald's. <br /> (1) Commercial General Liability Insurance, which shall have <br /> coverage and terms comparable to an ISO CG-0001 form including personal <br /> injury, products and completed operations liability, with Bodily Injury and <br /> Property Damage limits of one million dollars ($1,000,000.00) per occurrence, <br /> and Advertising and Personal Injury limits of one million dollars ($1,000,000.00) <br /> per person or organization. This insurance shall include coverage of the tort <br /> liability assumed by the Licensee in this License. The completed operations <br /> liability coverage shall be maintained for four (4) years after expiration or earlier <br /> termination of this License. <br /> (2) Workers' Compensation Insurance, which shall have statutory <br /> benefits and limits compliant with applicable state law, and Employer's Liability <br /> Insurance with limits of one million dollars ($1,000,000.00)per accident covering <br /> the Licensee and the Licensee's employees. <br /> (3) Business Automobile Liability Insurance, including owned, non- <br /> owned, and hired vehicles, which shall have coverage of not less than one million <br /> dollars($1,000,000.00)for bodily injury and property damage for each accident. <br /> Page 5 of 12 <br />