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2 <br /> Survey Markers. An easement holder shall not destroy any land survey corner monuments <br /> and reference points(including but not limited to corner markers, witness objects,or line <br /> markers)without prior written approval from the landowner,which shall not be unreasonably <br /> withheld. Monuments or reference points that must.necessarily be disturbed or destroyed <br /> during road construction or maintenance activities must be adequately referenced and <br /> replaced,at the easement holder's cost, under the direction of a State of Washington <br /> Professional Land Surveyor, in accordance with all applicable laws of the State of Washington <br /> in force at the time of construction,and all Department of Natural Resources regulations <br /> pertaining to preservation of such monuments and reference points promulgated under RCW <br /> 58.24. . <br /> Insurance. The State of Washington,including all its agencies and departments,is self- <br /> insured for all exposures to tort liability,general liability,property damage liability and <br /> vehicle liability, as provided in statute;but only as respects the negligence of State. <br /> The Exchanger also maintains its own liability self-insurance program,which includes a <br /> $1.125 million self-insured retention,plus $10 million and$20 million excess layers. <br /> Exchanger shall be required to purchase commercial insurance pursuant to this Agreement <br /> when its self-insurance program's funding mechanism or its financial conditions become <br /> inadequate as discussed below. The Exchanger shall provide a letter from Exchanger's Risk <br /> Manager or City Attorney certifying that the Exchanger's self-insurance program remains in <br /> place. So long as the self-insurance program remains in place and fully funded,Exchanger is <br /> not required to maintain commercial insurance under this Agreement. <br /> • <br /> The letter shall demonstrate that Exchanger's self-insurance meets all of the insurance <br /> coverage required by this Agreement to the satisfaction of State including the description of <br /> the funding mechanism and its financial condition. If the funding mechanism or financial <br /> condition of the self-insurance program of Exchanger becomes inadequate during the term of <br /> the Agreement, State may require Exchanger to purchase the commercial insurance required <br /> below to comply with this Agreement. <br /> Before using any of said rights granted herein and at its own expense,the Exchanger shall <br /> obtain and keep in force during the term of this agreement and require its Permittees to obtain <br /> while operating on the Easement Area,the following liability insurance policies,insuring <br /> Exchanger against liability arising out of its operations,including use of vehicles. In addition <br /> State shall require its Permittees to comply with the same insurance requirements. The limits <br /> of insurance, which maybe increased by mutual agreement of both parties, as deemed <br /> necessary,shall not be less than as follows: <br /> (a) Commercial General Liability(CGL)insurance with a limit of not less than <br /> $1,000,000 per each occurrence or Personal Liability insurance,as applicable, <br /> under a personal liability policy, commercial liability insurance policy, or • <br /> package property and liability insurance policy. If such CGL insurance <br /> contains aggregate limits, the general aggregate limits shall be at least twice the • <br /> Easement Exchange Page 6 of 20 Easement No.55-090098;50-090097 <br /> 14 • <br />