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<br />All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all
<br />amounts outstanding.
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<br />insurance:
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<br />4. Insurance: During the term of this Agreement, Licensee shall maintain the following
<br />
<br />(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
<br />of California and Employer's Liability with limits of not less than $1,000,000.00.
<br />Licensee shall require its insurer to waive all rights of subrogation against Licensor, its
<br />officers, agents and employees, except for any liability resulting from the willful or gross
<br />negligent acts of the Licensor.
<br />
<br />(b) Commercial General Liability Insurance, including contractual liability and products
<br />liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name
<br />Licensor, its officers, agents and employees as additional insureds, but only for
<br />Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard
<br />cross-liability provisions.
<br />
<br />(c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such
<br />insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the
<br />Property and (ii) name Licensor, its officers, agents and employees as additional
<br />insureds.
<br />
<br />Licensee shall provide Licensor with proof of such insurance by submission of certificates of
<br />insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this
<br />Agreement. Such insurance shall not be canceled nor allowed to expire nor be materially reduced
<br />without thirty days prior written notice to Licensor, or provide a certificate of self insurance.
<br />
<br />5. LIcensor's Use of the Propertv. Licensee agrees that Licensor, its successors and
<br />assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to
<br />conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
<br />will not result in compensation to Licensee for any damages whatsoever to personal property and/or
<br />crops located on the Property.
<br />
<br />6. LIcensee's Improvements: Licensee must submit, for Licensor's prior written approval,
<br />complete improvement plans, including grading plans, identifying all existing and proposed
<br />improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must
<br />submit, for Licensor's prior written approval plans for any modifications to such improvements.
<br />Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. At any
<br />time, Licensee may be required to modify and / or remove any or all such previously approved
<br />improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor
<br />is not required, at any time, to make any improvements, alterations, changes or additions of any
<br />nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or
<br />improvements will in no way alter Licensor's right to terminate in accordance with Article 27.
<br />
<br />7. LIcensee's Personal Pronertv: All approved equipment and other property brought,
<br />placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
<br />otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
<br />remove the same from the Property at any time prior to the expiration or earlier termination of this
<br />Agreement; provided, however, that Licensee shall promptly restore any damage to the Property
<br />caused by the removal. If Licensee is in default, however, such equipment or other property shall not
<br />be removed by Licensee without Licensor's written consent until Licensee has cured such default, and
<br />Licensor shall have a lien thereon to the extent thereof.
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