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PLATINUM EQUITY PARTNERS 3 - 2007
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PLATINUM EQUITY PARTNERS 3 - 2007
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Last modified
4/17/2015 3:09:58 PM
Creation date
2/7/2007 12:35:28 PM
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Contracts
Company Name
PLATINUM EQUITY PARTNERS
Contract #
N-2007-003
Agency
Public Works
Insurance Exp Date
2/1/2008
Notes
Amended by N-2007-003-001
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• Licensee shall maintain all insurance required above in full force and <br />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 he 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 Licensee fails or refuses to produce or maintain the insurance <br />required by this section or fails or refuses to furnish the City with required proof that insurance <br />has been procured and is in force and paid for, the City shall have the right, at its election, to <br />forthwith terminate this Agreement. <br />f. Licensee shall not permit any mechanics', materialmen's or other liens of <br />any kind or nature ("Liens") to be filed or enforced against the Property in connection with this <br />Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any <br />and all liens. claims and demands, together with costs of defense and reasonable attorneys' fees, <br />arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from <br />time to time, to post and maintain on the Property, or any portion thereof, or on the <br />improvements on the Property, any notices of non-responsibility or other notice as may be <br />desirable to protect City against liability. In addition to, and not as a limitation of City's other <br />rights and remedies under this Agreement, should Licensee fail, within ten (10) days of written <br />request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemmifv, <br />and hold harmless City from and against any loss, damage, injury, liability or claim arising out of <br />a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and <br />any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in <br />doing so shall be paid to City, as applicable, by Licensee upon written demand. <br />g. Licensee shall not have any interest in the Property or be entitled to any <br />reimbursement or repayment for any work performed upon the Property pursuant to this <br />Agreement. <br />h. Licensee shall take all necessary precautions to prevent the import and/or <br />release into the environment of any hazardous materials which are imported to, in, on or under <br />the Property during this right of entry. If hazardous materials are imported onto the Property as a <br />result of the surveying and geotechrucal soil testing, Licensee shall be solely responsible for <br />removing such imported hazardous materials in conformance with all governmental <br />requirements. Licensee shall report to the City, as soon as possible after each incident, any <br />unusual or potentially important incidents with respect to the environmental condition of the <br />Property. <br />1. Licensee agrees to not install or make any improvements to the Property, <br />except as provided herein, without the prior written approval of the Licensor. The Licensee <br />agrees to have all improvement plans approved by the City's Planning and Building Agency and <br />obtain all required permits and inspections prior to commencing any improvements. Licensee <br />agrees to pay all the costs of the installation, operation, maintenance, repair and removal of any <br />approved improvements on the Property.
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