AgdaPkt 2005-04-25 - Laserfiche WebLink

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departments, agencies and other subdivisions, and all of its respective Agents, and their respective heirs, legal representatives, successors and assigns (individually and collectively, the "City Indemnified Parties"), and each of them, from and against any and all Claims incurred in connection with or arising in whole or in part from (a) the condition of the Easement Area prior to the commencement of the Easement, including, without limitation, Claims arising from soil contamination, underground tanks or other forms of pollution or hazardous condition of the Easement Area existing prior to the commencement of the Easement, (b) any default by the County in the observation or performance of any of the terms, covenants or conditions of this Cooperative Agreement to be observed or performed on the County's part, or (c) any acts, omissions or negligence of the County or its Agents in, on or about the Easement Area; all regardless of the active or passive negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on, the City Indemnified Parties, except to the extent that such Indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Cooperative Agreement and further except only such Claims as are caused exclusively by the willful misconduct or gross negligence of the City Indemnified Parties. The foregoing Indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and the City's costs of investigating any Claim. The County specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this Indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to the County by the City and continues at all times thereafter. The County's obligations under this Section shall survive the termination of this Cooperative Agreement. Section 8. Insurance 8.1 Citv's Insurance. The City, at its sole cost, shall procure and keep in effect at all times during the Term insurance for the Easement Area in the form and amounts and under the terms and conditions specified in this Agreement and consistent with prudent risk management standards in effect for public entities as such standards may exist from time-to-time during the Term. At all times during implementation of the Project, including removal of the South Annex, reconstruction of the historic Courthouse façade and construction of Courthouse Square, the City shall require all contractors and subcontractors to procure and keep in effect at all times liability and auto insurance in an amount of not less than $3,000,000 per incident, and workers compensation insurance of not less than $1,000,000. The County shall be named as additional insured under all such policies. 8.2 City'S Personal Property. The City shall be responsible, at its expense, for separately insuring the City's personal property. 8.3 Countv's Self Insurance. The City acknowledges that the County self-insures against casualty, property damage and public liability risks and agrees that the County may at its sole election, but shall not be required to, carry any third party insurance with respect to the Easement Area or otherwise. REDW\0007\DOC\001-12 DRAFT 12 4/22/053:45/md 8 -""'T"'."""