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2. Agreement. By execution of this Agreement, Walnut Street agrees for itself and <br />on the behalf of its employees, agents, consultants and contractors as follows: <br />(a) That Walnut Street will not permit any dangerous condition or waste to be <br />created on the Property. <br />(b) All acts and things done by Walnut Street on the Property will be done in <br />a careful and reasonable manner, in accordance with all federal, state and local laws. <br />(c) Walnut Street shall enter the Property entirely at its own cost, risk and <br />expense. <br />(d) Prior to undertaking performance of work under this Agreement, Walnut <br />Street shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance <br />as described below: <br />i. Commercial General Liability Insurance. Walnut Street shall <br />maintain commercial general liability insurance naming the City and its officers, employees, <br />agents, volunteers and representatives as additional insured(s) and shall include, but not be <br />limited to, protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of <br />Walnut Street's operations in the performance of this Agreement, including, without limitation, <br />acts involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000.00 per occurrence. Walnut Street shall <br />supply City with a fully executed additional insured endorsement in substantially the form <br />attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by <br />the City Attorney. <br />ii. The following requirements apply to the insurance to be provided <br />by Walnut Street pursuant to this section: <br />• Walnut Street shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />• Certificates of insurance shall be furnished to the City upon execution <br />of this Agreement and shall be approved in form by the City Attorney. <br />• Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material <br />aspect without thirty (30) days prior written notice to the City. <br />iii. If Walnut Street fails or refuses to produce or maintain the <br />insurance required by this section or fails or refuses to furnish the City with required proof that <br />insurance has been procured and is in force and paid for, the City shall have the right, at its <br />election, to forthwith terminate this Agreement. <br />