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FILE: OC-215 <br />such loss, damage or injury of Licensee and/or its Personnel. In that connection, Licensee <br />waives the benefit of California Civil Code Section 1542, which provides as follows: <br />A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his favor at the time of executing the release, which if known by him <br />must have materially affected his settlement with the debtor. <br />Licensee accepts the risk that the facts or the law may later turn out to be different than <br />Licensee understands them to be at this time and acknowledges that this assumption of risk and <br />waiver will not be affected by such different state of facts or law. The provisions of this Section <br />shall survive the termination of this Agreement. <br />16. Insurance. A. Licensee shall procure and maintain insurance coverage or <br />evidence of self insurance during the entire term of this Agreement. Licensee shall provide the <br />following coverage: <br />1. Commercial General Liability, to include Products/Completed Operations, <br />Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of <br />$ 2,000,000. of coverage. <br />2. Automobile Liability Insurance with combined single limits of a minimum of <br />$ 1,000.000. <br />3. Workers' Compensation with limits as required by the State of California; <br />with a waiver of subrogation rights; <br />4. Employers' Liability with limits of a minimum of $1,000,000; and <br />B. Proof of such coverage, in the form of a letter of self-insurance evidencing sufficient <br />assests to meet the aforementioned requirements or an insurance company issued policy <br />endorsement and abroker-issued insurance certificate, must be received by OCTA within ten <br />(10) calendar days from the date of execution of the Agreement; with the Orange County <br />Transportation OCTA, its officers, directors, employees and agents designated as additional <br />insurers. Furthermore, OCTA reserved the right to request certified copies of all related <br />insurance policies. <br />C. Licensee shall include on the face of the certificate of Insurance the Agreement <br />Number ;and, attention to the Right of Way Department. <br />17. Tests and Inspection. OCTA shall have the right at any time to inspect the License <br />Property and the Facility so as to monitor compliance with the terms of this Agreement. OCTA <br />shall be permitted to conduct any tests or assessments, including but not limited to <br />environmental assessments, of, on or about the License Property, as it determines to be <br />necessary in its sole judgment or useful to evaluate the condition of the License Property. <br />Licensee shall cooperate with OCTA and its agents in any tests or inspections deemed <br />necessary by OCTA. Licensee shall pay or reimburse OCTA and appropriate regulatory <br />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 <br />License Property in compliance with all applicable federal, state and local environmental, <br />health and/or safety-related laws, regulations, standards, decisions of the courts, permits <br />or permit conditions, currently existing or as amended or adopted in the future which are <br />Page 7 of 12 <br />