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Nov-F2-0�1 03:42pm From-VULCAN MATERIALS CO- $232581583 7-410 P.0 07/011. F-616
<br />7 Inamrancea CPC small, at it-3 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 />CalMat and CPC as Insured parties and indemnifying them
<br />against liability for any loss, damage or inJury to the
<br />property of, or bodily ImJury 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 minimum amounts o!-
<br />$5,000,000 for damage to property, $5,000,000 for bodily
<br />Injury to or death of one person, and 0,000,0oo for bodily
<br />Injury or death in any one accident. Each such insurance
<br />policy shall be primary and non-contributing with any
<br />Insurance which may be carried by CalHat, and CPC shalt
<br />deliver to Ca1Nat the certificate of each 3nsura>nce 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', materialuen's, contractors' or subcontractors'
<br />liens arising from, or any claim for damage .growing out of;
<br />any work of construction, repair, restoration, replacement or
<br />improvement, or any other claim or demand, howsoever the same
<br />may arise, and CPC shall pay or cause to be paid all of said
<br />liens, claims or demands before Any action 3s brought 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 anythin7 in this Paragraph a to the contrary,
<br />if CPC shall in good faith contest the validity of any such
<br />lien, claim or demand, then CPC shall, at its expe=sse,
<br />defend itself, CalMat 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 CalKat and any affected Third Party in an
<br />amount equal to such coni tested lien, claim or demand
<br />Indemnifying emlMat 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 demaad.
<br />9. AsAigmiment. Except for stn assignment to an
<br />Affiliate (as defined in "e Gnoda Agreemen't)# which assign
<br />went CPC may make without the consent of CalHat, CPC shad
<br />not assign or otherwise transfer any rights under this
<br />Agreement without the prior written consent of CalMat, and no
<br />such purported assignment or atbar transfer shall be valid or
<br />effective without such prior written consent.
<br />sco�ua+r uTr�rseb.r 3
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