Agmt19 South Bayside Waste Management Authority (SBWMA)

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costs of litigation and attorneys' fees) which may be brought against Authority, its officers, agents, employees, or volunteers caused by any act or omission of City, its officers, agents, employees, or volunteers in the performance of any services or work pursuant to this Agreement. The duty of City to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code section 2778; provided, however, that nothing contained herein shall be construed to require City to indemnify Authority, its officers, agents, employees, and volunteers against any responsibility or liability in contravention of California Civil Code section 2782. 9.1 In the event that Authority and City are concurrently negligent and are proximate causes of the alleged injury or damage giving rise to a claim, then the liability of any and all such claims for injuries or damages shall be apportioned under California's law of comparative negligence. 9.2 Other than expressly provided for above, no party shall be responsible for the acts or omissions of the other party's officers, agents, employees, or volunteers, nor shall any party incur any liability arising out of the services of the other party's officers, agents, employees, or volunteers. Accordingly, the Parties hereby expressly agree to waive the pro rata risk allocation contained in California Government Code section 895.6. 9.3 The Parties expressly agree that this section shall survive the expiration or early termination of the Agreement. 10. Insurance. City shall obtain and maintain for the duration of the Agreement and any and all amendments, 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 City or City's agents, representatives, employees or subcontractors. Said coverage may be provided by self-insurance and/or through a joint powers insurance authority risk pool organized and operated under California law. Evidence of City's compliance with these insurance requirements will be provided to Authority upon request. 10.1 Coverages and Limits. City, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by Authority in writing. These minimum amounts of coverage will not constitute any limitations or cap on City's indemnification obligations under this Agreement. 10.1.1 Commercial General Liability Insurance. City shall maintain occurrence based coverage with limits not less than $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 the Authority, its officers, agents, employees and REV: 05-15-19 DZ Page 3 of 9 ATTY/AGR.2019.125/South Bayside Waste Management Authority