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14.4 Pleasanton. Pleasanton hereby covenants to Vulcan that Pleasanton shall take <br />reasonable and good faith steps, at no cost to Vulcan, to enforce any bonds required by this Ageement or <br />otherwise required by Pleasanton related to the construction and completion of any Improvements. Upon <br />commencement of construction of any of the El Charro and Intersection Improvements or Pleasanton <br />Additional Improvements Pleasanton covenants, represents and warrants to Vulcan that Pleasanton shall <br />thereafter diligently pursue construction of such improvement to completion in a timely manner, and <br />within the time periods set forth in Sections 3.2 and 5.1 above. <br />15. IINSURANCE. <br />15.1 Livermore. Livermore shall, at no cost or expense to the Quarry Operators, and <br />prior to performing any work, or causing any work to be performed, on any of the Improvements, and <br />prior to exercising, or permitting any of its designees to exercise, any rights under the Temporary License, <br />cause its contractor(s) to obtain and thereafter maintain a policy of commercial general liability (on an <br />occurrence basis) in the amount of no less than Two Million Dollars ($2,000,000) combined single limit. <br />In addition, if Livermore is the Constructing Jurisdiction, prior to the commencement of any. construction <br />or operation of the Temporary Haul Road, Livermore shall, at no cost or expense to the Quanry Operators, <br />obtain and maintain, or cause its contractor to obtain and maintain, a policy of commercial general <br />liability (on an occurrence basis) in the amount of no less than Two Million Dollars ($2,000,000) <br />combined single limit covering the operations of the Temporary Haul Road, with such policy to be in <br />effect during all periods when the Temporary Haul Road is operational. Neither Vulcan, Pleasanton, <br />County, Authority nor any of their respective representatives makes any representation that the types of <br />insurance and limits specified to be carried under this Agreement are adequate to protect Livermore. If <br />Livermore believes that any such insurance coverage in insufficient, Livermore shall provide or require <br />its contractor{s) to provide, at Livermore's own expense, such additional insurance as Livermore deems <br />necessary or adequate. Nothing contained in this Section 15 shall limit Livermore or Livermore's <br />contractor's or their subcontractors' liability under this Ageement, and Livermore's liability under any <br />provision of this Agreement, including without limitation under any indemnity provision, shall not be <br />limited to the amount of any insurance obtained. <br />15.2 Pleasanton. Pleasanton shall, at no cost or expense to the Quarry Operators, and <br />prior to performing any work, or causing any work to be performed, on any of the Improvements, and <br />prior to exercising, or permitting any of its designees to exercise, any rights under the Temporary License, <br />cause its contractor(s) to obtain and thereafter maintain a policy of commercial general liability (on an <br />occurrence basis) in the amount of no less than Two Million Dollars ($2,000,000) combined single limit. <br />In addition, if Pleasanton is the Constructing Jurisdiction, prior to the commencement of any construction <br />or operation of the Temporary Haul Road, Pleasanton shall, at no cost or expense to the Quarry Operators, <br />obtain and maintain, or cause its contractor to obtain and maintain, a policy of commercial general <br />liability (on an occurrence basis) in the amount of no less than Two Million Dollars ($2,000,000) <br />combined single limit covering the operations of the Temporary Haul Road, with such policy to be in <br />effect during all period;; when the Temporary Haul Road is operational. Neither Vulcan, Livermore, <br />County, Authority nor any of their respective representatives makes any representation that the types of <br />insurance and limits specified to be carried under this Ageement are adequate to protect Pleasanton. If <br />Pleasanton believes that any such insurance coverage in insufficient, Pleasanton shall provide or require <br />its contractor(s) to provide, at Pleasanton's own expense, such additional insurance as Pleasanton deems <br />necessary or adequate. Nothing contained in this Section 15 shall limit Pleasanton or Pleasanton's <br />contractor's or their subcontractors' liability under this Agreement, and Pleasanton's liability under any <br />provision of this Agreement, including without limitation under any indemnity provision, shall not be <br />limited to the amount of any insurance obtained. <br />002483.00041793691.13 24 <br />