SAN BERNARDINO (COUNTY OF) -2006

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1. Workers' Compensation - A program of Workers' Compensation insurance or a state- approved Seif-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services or peliorming obligations on behalf of the PERMITTEE and all risks to such persons under this Agreement. If PERMITTEE has no employees, it may certify or warrant to the COUNTY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's Risk Manager. 2. Comprehensive General Insurance - This coverage to include contractual coverage, including products liabllity, as applicable. The policy shall have combined single limits for bodily injury and property damage of not less than two million dollars ($3,000,000), C. Additional Named Insured - All policies, except for the Workers' Compensation, shall contain additional endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the PERMITTEE's obligations hereunder. D. Waiver of Subroqation Riqhts - PERMITTEE shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, and PERMITTEE, and their respective officers, employees, agents, voiunteers, contractors and subcontractors. E. Policies Primarv and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the COUNTY. F. Proof of CoveraM _ PERMITTEE shail immediately furnish the, above-required certificates of insurance to the Regional Parks Division, no later than 4:00 p.m. August 4, 2006, evidencing the insurance coverage, including endorsements. G. Insurance Review _ The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, infiation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. H. Failure to Have Insurance - In the event COUNTY receives a thirty (30) day notice of cancellation concerning any of the required policies, or should PERMITTEE fail to have in effect the required coverage at any time during this Permit, COUNTY may give notice to PERMITTEE to immediately suspend all PERMITTEE activities and/or notice to reinstate or acquire the affected coverage. Shouid PERMITTEE fail to reinstate or acquire the affected coverage within two (2) days (Monday thru Friday, excluding legal holidays) of receipt of COUNTY's notice to reinstate or acquire such coverage, COUNTY may either terminate this Penmit, reinstate or acquire the affected coverage, and PERMITTEE shall reimburse COUNTY for the reasonable cost at COUNTY's option. If PERMITTEE does not reimburse COUNTY within two (2) days after demand by Page _5_of_8_