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94. Purchaser covenants not to sue and agrees not to assert any claims or causes of <br /> action against the United States for damages or reimbursement or for set-off of any payments <br /> made or to be made to the United States, arising from or on account of any contract, agreement, <br /> or arrangement between any one or more of Purchaser and any person for performance of Work <br /> on or relating to the Site, including, but not limited to, claims on account of construction delays. <br /> In addition, Purchaser shall indemnify and hold harmless the United States with respect to any <br /> and all claims for damages or reimbursement arising from or on account of any contract, <br /> agreement or arrangement between any one or more of Purchaser and any person for <br /> performance of Work on or relating to the Site, including,but not limited to, claims on account <br /> of construction delays. <br /> XXIV. INSURANCE <br /> 95. No later than 30 days before commencing any on-Site Work, Purchaser shall <br /> secure and shall maintain until the first anniversary after issuance of Notice of Completion of <br /> Work pursuant to Section XXVIII (Notice of Completion of Work), commercial general liability <br /> insurance with limits of$ 1 million, for any one occurrence, and automobile insurance with <br /> limits of$ 1 million, combined single limit,naming EPA as an additional insured with respect to <br /> all liability arising out of the activities performed by or on behalf of Purchaser pursuant to this <br /> Settlement. In addition, for the duration of the Settlement, Purchaser shall provide EPA with <br /> certificates of such insurance and a copy of each insurance policy. Purchaser shall resubmit such <br /> certificates and copies of policies each year on the anniversary of the Effective Date. In addition, <br /> for the duration of the Settlement, Purchaser shall satisfy, or shall ensure that their contractors or <br /> subcontractors satisfy, all applicable laws and regulations regarding the provision of worker's <br /> compensation insurance for all persons performing the Work on behalf of Purchaser in <br /> furtherance of this Settlement. If Purchaser demonstrates by evidence satisfactory to EPA that <br /> any contractor or subcontractor maintains insurance equivalent to that described above, or <br /> insurance covering some or all of the same risks but in a lesser amount, Purchaser need provide <br /> only that portion of the insurance described above that is not maintained by the contractor or <br /> subcontractor. <br /> XXV. FINANCIAL ASSURANCE <br /> 96. In order to ensure completion of Phase 1 Work, Purchaser shall, on the Effective <br /> Date, provide financial assurance totaling $1.9 million, $1.2 million of which shall be secured in <br /> a trust fund pursuant to the Trust Agreement, or an agreement in substantially the same form, <br /> attached as Appendix C and $700,000 of which shall be secured by a first lien on the Property <br /> pursuant to the first deed of trust and release of lien forms attached at Appendix D. By or on the <br /> Effective Date, Purchaser shall have secured all executed and finalized mechanisms or other <br /> documents necessary to establish the trust fund and record the lien and shall submit such <br /> mechanisms and documents to Region 8 CERCLA Financial Analyst, CERCLA Technical <br /> Enforcement Program, Mail Code: 8ENF-RC at 1595 Wynkoop Street,Denver, Colorado 80202. <br /> 97. Purchaser may draw down from the trust fund up to $700,000 for Phase 1 Work <br /> performed under the Removal Work Plan by delivering a written request for payment to the <br /> 29 <br />