08 ATTACHMENT 4 - Laserfiche WebLink

15.3 Worker's Compensation. Each of the Jurisdictions shall require its contractors and all of its contractors' subcontractors performing work on the Improvements or entering onto the Vulcan Properties pursuant to a license or otherwise to carry worker's compensation insurance in the amount and form as may be required by applicable law. 15.4 General Requirements. All such policies of insurance required pursuant to this Section 15 shall: (i) be issued by an insurance company licensed and authorized to do business in California, which insurer(s) shall be rated "A-7" or better in the latest issue of Best's Key Rating Guide; (ii) have the County (with respect to any Improvement constructed in unincorporated Alameda County), Vulcan and any other party designated by Vulcan named as additional insureds (Livermore and Pleasanton shall also require its contractors and subcontractors performing work on the Project Improvements to name Vulcan and any other party designated by Vulcan as additional insureds on their respective liability insurance policies); and (iii} not be cancelled or coverage reduced without at least thirty (30) days prior written notice to the Quany Owners. Such policies of commercial general liability insurance shall also specifically include: (a) contractual liability; (b) premises-operations liability; (c) products completed operations; (d) broad-form properly damage including completed operations; (e) cross-liability endorsement; and (f) such policy{ies) shall be primary and noncontributing. Livermore or Pleasanton, as the case may be, shall provide Vulcan with certificates of insurance, including copies of the required endorsements, evidencing that all insurance required by this Agreement is in effect prior to commencement of the applicable component of work, or any other entry onto the Vulcan Properties. 16. RESOLUTION PROCEDURE FOR CERTAIN DISPUTES. If any provision of this Agreement provides that the provisions of this Section 16 applies to a dispute between the parties, the parties shall follow the procedure set forth in this Section 16 to try and resolve such dispute. Any objecting party shall provide written notice to the other parties of such objection within ten (10) days after its receipt of the notice giving rise to the objection. Within ten (10} days after delivery of such notice of objection, the parties shall meet and confer in an effort to try and resolve the issue. If the parties are unable to resolve the dispute within thirty (30) days after delivery of such notice of objection, any party may seek any remedies available under this Agreement or at law or in equity. If the dispute relates to certain Improvements to be constructed by a Constructing Jurisdiction, such Constructing Jurisdiction may elect to proceed with such Improvements at its own risk of being required, at its sole cost and expense, to cease, suspend, terminate, remove, modify, or replace such Improvements, and without any limitation, restriction or waiver of any other party's rights or remedies with respect to such dispute or Improvements. 17. EFFECTIVENESS; TERM. Notwithstanding any provision herein to the contrary, this Agreement shall not become effective unless and until signed and delivered by ail parties. Without limiting the provisions of Section 18.1 and notwithstanding any Regulation of a Jurisdiction to the contrary, the only condition to the effectiveness of this Agreement is the signature and delivery of this Agreement by all parties. Without limiting the preceding provisions of this Section I7, the term of this Agreement shall commence upon the Effective Date and expire upon the Mining Termination Date or such earlier or later date as may be mutually agreed upon in writing by the parties; provided, however, the provisions of Sections 2, 8, 12, 13 and 18 and any other provisions of this Agreement that are expressly stated herein to survive the expiration or termination of this Agreement shall survive such expiration or termination, and provided further that the expiration or termination of this Agreement shall not relieve any party from any obligation or liability hereunder, or vitiate any party's rights hereunder, that shat[ have accrued prior to such expiration or termination. 002483.00041793691.13 25