|
FILE; OC-285
<br />Commercial General Liability [CGL], to include Products/Completed Operations,
<br />Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum
<br />of $1,000,000.00 of coverage with:
<br />a. Removal of the CGL exclusion for pollution liability, or
<br />b. A Pollution Liability policy with minimum limits of $1,000,000.00; and
<br />c. Automobile Liability Insurance with combined single limits of a minimum of
<br />$1,000.000.00; and
<br />d. Workers' Compensation with limits as required by the State of California; with a waiver
<br />of subrogation rights; and
<br />e. Employers' Liability with limits of a minimum of $1,000,000.00.
<br />8. Subject to prior approval by OCTA, Licensee may meet the requirements through (i) self-
<br />insurance, (ii) coverage through a joint powers insurance authority (JPIA) which is duly formed under the
<br />laws of the State of California, or (III) utilize a combination of self-insurance and JPIA coverage, or (iiii)
<br />commercial Insurance policies.
<br />C. OCTA, its officers, directors, employees and agents must be designated as additional insured
<br />on the Licensee's Comprehensive General and Automobile Liability Insurance policies. Licensee shall
<br />furnish OCTA with insurance endorsements and certificates, evidencing the existence, amounts and
<br />coverages of the insurance required to be maintained hereunder.
<br />D. The coverage shall be primary and any insurance or self-insurance maintained by OCTA shall
<br />be excess of the Licensee's insurance and shall not contribute to it.
<br />E. Each insurance policy required by this clause shall be endorsed to state that coverage shalt not
<br />be suspended, voided, cancelled or reduced in coverage or in limits, except only after thirty (30) days prior
<br />written notice has been given to OCTA. In the event OCTA learns that Licensee's insurance coverage is
<br />terminated, and Licensee fails to provide adequate assurances that continuous coverage is being provided,
<br />OCTA, at its sole discretion, may obtain such coverage at Licensee's expense.
<br />17. Tests and inspection. OCTA shall have the right at any time to inspect the License Property and
<br />the Facility so as to monitor compliance with the terms of this Agreement. OCTA shall be permitted to
<br />conduct any tests or assessments, including but not limited to environmental assessments, of, on or about
<br />the License Property, as it determines to be necessary in its sole judgment or useful to evaluate the
<br />condition of the License Property. Licensee shall cooperate with OCTA and its agents in any tests or
<br />inspections deemed necessary by OCTA. Licensee shall pay or reimburse OCTA and appropriate
<br />regulatory agencies, as appropriate, for all reasonable costs and expenses incurred due to the tests,
<br />inspections or any necessary corrective work and inspections thereafter.
<br />18. Hazardous/Toxic Materials Use and Indemnity. Licensee shall operate and maintain the License
<br />Property in compliance with all applicable federal, state and local environmental, health and/or safety -
<br />related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing
<br />or as amended or adopted in the future which are or become applicable to Licensee or the License Property
<br />("Environmental Laws'). Licensee shall not cause or permit or allow any of Licensee's Parties to cause or
<br />permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or
<br />about the brought upon, stored, used, generated, treated or disposed of on the License Property or the
<br />OCTA Property. As used herein, "Hazardous Materials" means any chemical, substance or material which
<br />is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based
<br />upon, directly or indirectly, its properties or effects,
<br />Page 7 of 15
<br />1497,38.1
<br />
|