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Agreement a policy or policies of fire insurance covering the improvements on the well sites <br />against all perils included within the classification of fire, extended coverage, vandalism, <br />malicious mischief, special extended perils ("all risk') as such term is used in the insurance <br />industry, including earthquake and flood. Included in the policy or policies of property and fire <br />insurance shall be a standard waiver of the right of subrogation against SANTA ANA by the <br />insurance company issuing said policy or policies. <br />(3) IRWD's insurance obtained pursuant to the foregoing paragraphs <br />(i) shall be carried with a company (or companies) licensed to do business in the State of <br />California, (ii) shall provide that such policies shall not be subject to material alteration or <br />cancellation without at ]cast thirty (30) calendar days' written notice to SANTA ANA, and (iii) <br />shall be primary, and any insurance carried by SANTA ANA shall be non-contributing. Prior to <br />the Lease Commencement Date and upon renewal of any such policy, IRWD shall submit'to <br />SANTA ANA the policies or such renewal policy, or a duly executed certificate or certificates <br />evidencing that the respective polic(ies) are in effect. <br />(f) INDEMNIFICATION, <br />IRWD shall defend, indemnify and save harmless SANTA ANA, its <br />officers, agents, employees and volunteers from and against any and all claims, demands, losses <br />or liabilities, of any kind or nature, which SANTA ANA, its officers, agents, employees and <br />volunteers may sustain or incur, or which may be imposed upon them, for injury to or death of <br />persons, or damage to property as a result of, or arising out of the use of the Well Sites by <br />IRWD, its officers, agents, employees, invitees or licensees, except to the extent any such injury <br />to or death of persons, or damage to property is proximately caused by the active negligence of <br />7 <br />