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All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten <br />percent (10%) of the amount due. <br />4. Insurance: During the term of this Agreement, Licensee shall maintain the following <br />insurance: <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 $500,000.00. Licensee <br />shall require its insurer to waive all rights of subrogation against Licensor, its officers, <br />agents and employees, except for any liability resulting from the willful or grossly <br />negligent acts of the Licensor. <br />(b) Commercial General Liability Insurance, including contractual liability and products <br />liability, with a combined single limit of $1,000,000.00. 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 />(c) Commercial Automobile Insurance with a combined single limit of $500,000.00. 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 />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 />5. Licensor's Use of the Property: 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 />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 />7. Licensee's Personal Property: 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. <br />-2-