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<br />"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 itDmediate 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 /> <br />Section 8. <br /> <br />Insurance <br /> <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 fa9ade 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 /> <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 /> <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 /> <br />8.4 Waiver of Subrogation Notwithstanding anything to the contrary contained <br />herein, to the extent permitted by their respec.tive 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 b~ 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\OOO7\DOC\OO 1-13 FINAL <br />Atlyl Agr/2005.006 <br />042605 <br /> <br />9 <br />