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8. Indemnity
<br /> A. It is agreed that the Grantee shall defend, hold harmless, and indemnify the Commission and its officers,
<br /> employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description
<br /> brought by a third party which arise out of the terms and conditions of this Agreement and which result from the
<br /> acts or omissions of the Grantee and/or its officers, employees, agents, and servants.
<br /> B. The Grantee shall defend, hold harmless, and indemnify the Commission from and against any and all claims
<br /> for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, the
<br /> Grantee's representatives for services provided under this Agreement.
<br /> C. It is agreed that the Commission shall defend, save harmless, and indemnify the Grantee and its officers,
<br /> employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description
<br /> brought by a third party which arise out of the terms and conditions of this Agreement and which result from the
<br /> acts or omissions of the Commission and/or its officers and employees.
<br /> D. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the
<br /> duty to defend as set forth in Section 2778 of the California Civil Code.
<br /> E. In the event of concurrent negligence (or intentional/reckless acts) of the Commission and/or its officers and
<br /> employees, on the one hand, and the Grantee and/or its officers, employees, agents, and servants, on the other
<br /> hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of
<br /> terms and conditions of this Agreement shall be apportioned according to the California theory of comparative
<br /> fault.
<br /> 9. Insurance
<br /> The Grantee shall not commence Services or be required to commence Services under this Agreement unless
<br /> and until all insurance required under this paragraph has been obtained and such insurance has been approved
<br /> by the Executive Director of the Commission. The Grantee shall use diligence to obtain such issuance and to
<br /> obtain such approval. The Grantee shall furnish the Commission with certificates of insurance evidencing the
<br /> required coverage, and there shall be a specific contractual liability endorsement extending the Grantee's
<br /> coverage to include the liability assumed by the Grantee pursuant to this Agreement. These certificates shall
<br /> specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Commission of any
<br /> pending change in the limits of liability or of any cancellation or modification of the policy.
<br /> A. Worker's Compensation and Employer's Liability Insurance. The Grantee shall have in effect during the
<br /> entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full
<br /> statutory coverage. In signing this Agreement, the Grantee makes the following certification, required by
<br /> section 1861 of the California Labor Code:
<br /> I am aware of the provisions of Section 3700 of the California Labor Code which
<br /> requires every employer to be insured against liability for Worker's Compensation or
<br /> to undertake self-insurance in accordance with the provisions of the Code, and I will
<br /> comply with such provisions before commencing the performance of the Services of
<br /> this Agreement.
<br /> B. Liability Insurance. The Grantee shall take out and maintain during the life of this Agreement such Bodily
<br /> Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing Services
<br /> covered by this Agreement from any and all claims for damages for bodily injury, including accidental death,
<br /> as well as any and all claims for property damage which may arise from the Grantee's operations under this
<br /> Agreement, whether such operations be by himself/herself or by any person or entity performing the services
<br /> or by anyone directly or indirectly employed by either of them.
<br /> Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
<br /> shall be not less than the amount specified below.
<br /> Such insurance shall include:
<br /> (a) Comprehensive General Liability $1 ,000,000
<br /> (b) Motor Vehicle Liability Insurance $1 ,000,000
<br /> REV: 09-23-16 RL
<br /> ATTY/AGR/2016.279/FIRST 5 SAN MATEO COUNTY — RC2020
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