DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

01/17/01 WED 13:59 FAX 2122735121 DASNY-OPPORTUNITY PROGRA 10 012

cbntractual liability covering all indemnity agreements in favor of New York State and the Dormitory Authority, including all indemnity obligations contained in this agreement; (c) commercial general liability coverage written on an occurrence form; (d) waiver of _subrogation; (e) endorsement naming the State of New York (the State) and the Dormitory Authority of the State of New York (the Authority) as additional insureds; and (f) endorsement for each policy stating that the coverage afforded the State and the Dormitory Authority is primary and is primary to any other insurance maintained by the State or the Authority Any other insurance maintained by the State or Authority shall be excess of and shall not contribute with the insurance of Hutch, regardless of the `other insurance" clause in any policy of insurance of the State or the Authority. A copy of each policy

of insurance used to satisfy the requirements of this provision shall be furnished to the AUTHORITY and the STATE within thirty days of execution of this agreement by Hutch and OMH. Each policy (or replacements thereof) shall be maintained in force as long as this agreement is in force, shall be issued by an insurance company or insurance companies licensed by the State of New York, and shall provide that no policy cancellation, non-renewal or material modification shall be effective except upon thirty (30) days prior written notice by certified mail to the AUTHORITY and the STATE. The AUTHORITY shall be furnished a Certificate of Insurance prior to or simultaneously • with execution of this agreement by Hutch and the Certificate of Insurance shall constitute a warranty by Hutch that the insurance required by this section is in effect.

Hutch covenants and agrees to require all contractors who work for Hutch at the premises to obtain commercial general liability insurance identical to that required from Hutch and to furnish the OMH a Certificate of Insurance evidencing such insurance prior to the commencement of any operations at the premises. OMH may require additional provisions or coverage in such insurance if, in the discretion of OMH or the AUTHORITY, additional provisions or coverage is useful to secure the interests of OMH or the AUTHORITY, provided, however, that such provisions are customarily included in liability insurance policies maintained by owners of comparable properties.

Maintenance: From the date title to the Sales parcel is transferred to Hutch, OMH will discontinue maintenance of the Easement A roadway and roadway maintenance will be the responsibility of Hutch, at their sole expense, for as long as the State owns Bronx PC building 23 and other lands for which access is required across this access road. Such maintenance and improvements shall be in the discretion of Hutch, but shall be in compliance with applicable government codes and standards. Hutch may provide for other maintenance and improvement projects in areas adjacent to the access road, with the consent of OMH, which consent shall not be unreasonably withheld.

Signage: The parties agree that Hutch shall be allowed to erect signage within the easement pumber one or immediately adjacent thereof. The size of such signage shall be subject to the prior written approval of OMH, and shall not be denied if New York City issues a permit authorizing such signage.

Temporary and Emergency Access: OMB agrees that Hutch and their agents and invitees may gain access to the Sales parcel thru easement b in times of emergency or

NYC-WTC 000137795