|
(c) Provide automobile liability insurance for owned, non-
<br /> owned, and hired vehicles, as applicable to, or for any use related to, the Work, in an
<br /> amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit,
<br /> with excess insurance coverage to bring the total amount of automobile liability insurance
<br /> coverage to an amount not less than One Million Dollars ($1,000,000) per accident for
<br /> bodily injury and property damage;
<br /> 5.4.2 Buyer shall notify Seller not less than thirty (30) days before any
<br /> expiration, cancellation, or non-renewal of such policy or policies; and
<br /> 5.4.3 Buyer shall furnish certificates of insurance and endorsements to
<br /> Seller prior to entry onto the Property.
<br /> 5.4.4 Buyer, or Buyer's agents entering the Property, shall comply with
<br /> Sections 3700 and 3800 of the Labor Code by securing, paying for and maintaining in full force
<br /> and effect during the Term,and continuing prior to entry onto the Property pursuant to this Section,
<br /> with the earlier to occur of expiration of the Term complete workers' compensation insurance, to
<br /> statutory limits,with employer's liability limits not less than One Million Dollars($1,000,000)per
<br /> occurrence, and shall furnish a Certificate of Insurance to Seller prior to entry onto the Property
<br /> pursuant to this Section, before the commencement of work. All Additional Insureds shall not be
<br /> responsible for any claims in law or equity occasioned by the failure of Buyer to comply with this
<br /> section. Every workers' compensation insurance policy shall bear an endorsement or shall have
<br /> attached a rider providing that, in the event of expiration or proposed cancellation of such policy
<br /> for any reason whatsoever, Seller shall be notified, giving Buyer a sufficient time to comply with
<br /> applicable law, but in no event less than thirty (30)days before such expiration, cancellation, or
<br /> reduction in coverage is effective or in the event of nonpayment of premium.
<br /> 5.4.5 If Buyer fails or refuses to produce or maintain the insurance
<br /> required by this Section or fails or refuses to furnish Seller with required proof that insurance has
<br /> been procured and is in force and paid for, Seller shall have the right, at its election, to forthwith
<br /> terminate this the right of entry provided in this Section.
<br /> 5.5 Liens. Buyer shall not permit any mechanics',materialmen's or other liens
<br /> of any kind or nature ("Liens") to be filed or enforced against the Property arising from Buyer's
<br /> entry on the Property. Seller 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 improvements
<br /> on the Property, any notices of non-responsibility or other notice as may be desirable to protect
<br /> Seller against liability. In addition to, and not as a limitation of Seller's other rights and remedies
<br /> under this Section, should Buyer fail, within thirty (30) days of written request from Seller, either
<br /> to discharge any Lien(to the extent such Lien is prohibited pursuant to this Section)or to bond for
<br /> any Lien(to the extent such Lien is prohibited pursuant to this Section), or to defend, indemnify,
<br /> and hold harmless Seller from and against any loss, damage, injury, liability or claim arising out
<br /> of a Lien (to the extent such Lien is prohibited pursuant to this Section), then Seller, at its option,
<br /> may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related
<br /> thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to Seller, as
<br /> applicable,by Buyer upon written demand.
<br /> 11
<br />
|