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200501599 <br />occurrence, and not less than $2,000,000 for property damage. Wal -Mart shall be named as an <br />additional insured on such policy, and Menard shall provide Wal -Mart with a certificate of such <br />insurance from time to time upon written request to evidence that such insurance is in force. So <br />long as the net worth of Menard shall exceed $1,000,000,000, Menard shall have the right to <br />self - insure for and retain the financial risk for any claim that would be covered by such policy. <br />Section 9. Hold Harmless Agreement. Menard, its successors and assigns in <br />ownership of the Menard Property, shall indemnify and hold harmless Wal -Mart and its agents <br />and employees from and against all claims, damages, losses and expenses, including reasonable <br />attorneys' fees and reasonable litigation expenses, arising out of or resulting from the use of said <br />Easement Area, provided and to the extent that any such claim, damage, loss or expense is <br />(a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of the <br />property, including the loss of use resulting therefrom, and (b) caused in whole or in part by any <br />intentional act, negligent act or omission of Menard, its employees, agents, contractors, or <br />subcontractors. <br />01-583770.3 3 <br />