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"City Indemnified Parties"), and each of them, from and against any and all Claims incurred in <br /> connection with or arising in whole or in part from the condition of the Easement Area prior to <br /> the commencement of the Easement, including, without limitation, Claims arising from soil <br /> contamination, underground tanks or other forms of pollution or hazardous condition of the <br /> Easement Area existing prior to the commencement of the Easement. The foregoing Indemnity <br /> shall include, without limitation,reasonable fees of attorneys, consultants and experts and related <br /> costs and the City's costs of investigating any Claim. The County specifically acknowledges and <br /> agrees that it has an immediate and independent obligation to defend the City from any claim <br /> which actually or potentially falls within this Indemnity provision even if such allegation is or <br /> may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered <br /> to the County by the City and continues at all times thereafter. The County's obligations under <br /> this Section shall survive the termination of this Cooperative Agreement. <br /> Section 8. Insurance <br /> 8.1 City's Insurance. The City, at its sole cost, shall procure and keep in effect at all <br /> times during the Term insurance for the Easement Area in the form and amounts and under the <br /> terms and conditions specified in this Agreement and consistent with prudent risk management <br /> standards in effect for public entities as such standards may exist from time-to-time during the <br /> Term. At all times during implementation of the Project, including removal of the South Annex, <br /> reconstruction of the historic Courthouse facade and construction of Courthouse Square, the City <br /> shall require all contractors and subcontractors to procure and keep in effect at all times liability <br /> and auto insurance in an amount of not less than $3,000,000 per incident, and workers <br /> compensation insurance of not less than $1,000,000. The County shall be named as additional <br /> insured under all such policies. <br /> 8.2 City's Personal Property. The City shall be responsible, at its expense, for <br /> separately insuring the City's personal property. <br /> 8.3 County's Self Insurance. The City acknowledges that the County self-insures <br /> against casualty, property damage and public liability risks and agrees that the County may at its <br /> sole election, but shall not be required to, carry any third party insurance with respect to the <br /> Easement Area or otherwise. <br /> 8.4 Waiver of Subrogation Notwithstanding anything to the contrary contained <br /> herein, to the extent permitted by their respective policies of insurance, the County and the City <br /> each hereby waive any right of recovery against the other party and against any other party <br /> maintaining a policy of insurance covering the Easement Area or any portion thereof, for any <br /> loss or damage maintained by such other party with respect to the Easement Area or any portion <br /> thereof or any operation therein, whether or not such loss is caused by the fault or negligence of <br /> such other party. If any policy of insurance relating to the Easement Area or this Agreement <br /> carried by either Party does not permit the foregoing waiver or if the coverage under any such <br /> policy would be invalidated due to such waiver, said Party shall obtain, if possible, from the <br /> insurer under such policy a waiver of all rights of subrogation the insurer might have against the <br /> other Party or any other party maintaining a policy of insurance covering the same loss, in <br /> connection with any claim, loss or damage covered by such policy. <br /> REDW\0007\DOC\001-13 FINAL <br /> Atty/Agr/2005.006 <br /> 042605 <br /> 9 <br />