AgdaPkt 2016-09-12 Closed and Joint SA PFA

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ATTY/AGR/2016.252/MAGICAL BRIDGE PLAYGROUND REV: 09-08-16 MK Page 5 of 23 9. Limitation on Liability. Except for breaches of a party’s confidentiality obligations under Section 14, and the Parties’ indemnification obligations under Section 9, neither party will, under any circumstances, be liable to the other for any consequential, incidental, special, or exemplary damages arising out of or related to this agreement, including but not limited to lost profits or loss of business, even if such party is apprised of the likelihood of such damages occurring. Magical Bridge’s aggregate liability in connection with this Agreement shall not exceed the value of all applicable, valid, and collectible insurance. 10. Insurance. A. Magical Bridge i. Magical Bridge shall obtain and maintain insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Magical Bridge or Magical Bridge’s agents, representatives, employees or subcontractors at all times during the performance of the Services. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-VII.” ii. Coverages and Limits. Magical Bridge, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Magical Bridge's indemnification obligations under this Agreement. iii. Commercial General Liability Insurance. Magical Bridge shall maintain occurrence based coverage with limits not less than one million dollars ($1,000,000) per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by City. iv. Business Automobile Liability Insurance. Magical Bridge shall maintain coverage with limits not less than one million dollars ($1,000,000) per each accident for owned, hired and non-owned automobiles. v. Workers' Compensation Insurance. Magical Bridge shall maintain coverage as required by the California Labor Code. The Workers’ Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. vi. Employer's Liability Insurance. Magical Bridge shall maintain coverage with limits not less than one million dollars ($1,000,000) per each accident 6.1.N. - Page 8