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<br />NOV-12-04 03c42pe From -VULCAN MATERIALS CO. $232581583 T-470 P.007/011 F-816
<br />OF
<br />9. 3. rance. CPC Sba21, at its expense, at all
<br />times during the term of this Agreement, maintain in force
<br />for the joint benefit of Calmat and CPC, a broad form
<br />comprehensive policy of public liability insurance, naming
<br />CA1Mat and CVC as insured parties and "demnifying them
<br />against liability for any lose, damage or injury to the
<br />property of, or bodily injury to or death of, any person
<br />entering upon or,using the Premises or any part thereof, and
<br />arising from CPC's use thereof. Such insurance policy or
<br />Policies shall be maintained on the minimuia amounts of
<br />$5,000,000 for damage to property, $5,000,000 for bodily
<br />injury to or death of one person, and $5, 000, Doo for bodily
<br />Injury or death in any one accident. Eaeh such lnsurance
<br />policy shall be xi
<br />many anti
<br />P non-contributing with any
<br />Insurance which may be carried by Calmat, and CPC shall
<br />deliver to CalMat the certificate of each insurance carrier
<br />as to each such insurance policy on or before the effective
<br />date hereof.
<br />a. Liens. CPC shall not suffer or permit to be
<br />Imposed upon the premises or any part thereof, any
<br />mechanics', materia linen I a,contractors$ or subcontractors)
<br />liens arising from, or any claim for dama9e groving.Out Of;
<br />any work of construction, repair, restoration, replacement or
<br />improvement, or any other claim or demand, howsoever the sane
<br />may arise, and CPC shall pay or cause to be paid all of said
<br />liens, claims or demands before any ac_tinn In b=ought -to
<br />enforce the same against the premises. CPC further agrees to
<br />indemnify and hold CalMat, all Third Parties and the Premises
<br />harmless from all liability for any'and all such liens,
<br />claims and demands, and all costs and expenses in connection
<br />therewith, including reasonable attorneys' fees.
<br />Notwithstanding anything in this Paragraph a to the contrary,
<br />it CPC shall in good faith contest the validity of any such
<br />lien, claim er demand, then CPC shall, at its expense,
<br />defend Itself, cal?lat And all Third Parties ,against the same,
<br />and shall pay and satisfy any adverse judgment that may be
<br />rendered thereon before -the enforcement thereof against
<br />CalHat, any affected Third Party or the Premises, upon the
<br />condition that CPC shall have furnished a surety bond
<br />satisfactory to Calmat and any affected Third Party in an
<br />amount equal to such con tested lien, claim or demAnd,
<br />Indemnifying CaDfat'and any affected Third Party against
<br />liability for the same, and holding the premises free from
<br />the effect of such lien, claim or .demand.
<br />9. AMIgminent. Except for 2m assignment to an
<br />Affiliate (an defined -in the Onoda, Agreement), which assign-
<br />Aent CPC may make without the consent of Calmat, CPC shall
<br />not assign orothervise transfer any.rights under this
<br />Agreement without the prior written consent of CalMat, and nc
<br />such purported assignment or other transfer shall be valid or
<br />effective without such prior written consent.
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