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6.B. - Page 11 of 39
<br />officials, officers, agents, and employees for any and all claims, suits, judgments, damages,
<br />penalties, costs, expenses, liabilities, and losses (including without limitation, sums paid in
<br />settlement of claims, actual attorneys' fees, paralegal fees, consultant fees, engineering
<br />fees, expert fees, and any other professional fees) that arise from or are related in any way
<br />to the acts or omissions of each Party, its respective directors, officials, officers, employees,
<br />subconsultants, or other agents in the operation and/or performance of this Agreement;
<br />provided, however, that no Party shall indemnify or hold harmless another Party for that
<br />Party's own negligent acts, errors, or omissions, or willful misconduct, in the operation
<br />and/or performance of this Agreement.
<br />SVCW's Contract with Consultant shall similarly contain language requiring Consultant
<br />to indemnify, defend, and hold harmless all Parties and their respective directors, officials,
<br />officers, agents, and employees for any and all claims, suits, judgments, damages,
<br />penalties, costs, expenses, liabilities, and losses (including without limitation, sums paid in
<br />settlement of claims, actual attorneys' fees, paralegal fees, consultant fees, engineering
<br />fees, expert fees, and any other professional fees) that arise from or are related in any way
<br />to the operation and/or performance of this Agreement.
<br />This indemnity provision shall survive the termination of this Agreement and the
<br />termination of any Party's participation in this Agreement. Further, each Party will be liable
<br />to the other Party(s) for attorneys' fees, costs, and expenses, and all other costs and
<br />expenses whatsoever, which are incurred by the other Party(s) in enforcing this indemnity
<br />provision.
<br />10. INSURANCE
<br />Each Party agrees that it will maintain in force, throughout the term of this Agreement, a
<br />program of insurance and/or self-insurance of sufficient scope and amount to permit each
<br />Party to discharge promptly any obligations each incurs by operation of this Agreement.
<br />If at any time during the term of this Agreement any Party plans to cease to be self-insured
<br />for any such possible claims, the Party shall provide the other Parties advance notice of the
<br />change in sufficient time for the Parties to negotiate appropriate insurance requirements
<br />before any lapse in coverage. If the Parties fail to reach agreement on the terms of
<br />insurance policies or policy endorsements required, the Parties may terminate that Party's
<br />participation in this Agreement by giving written notice of termination specifying the date
<br />upon which termination shall become effective. If a Party's participation in this Agreement
<br />is terminated under this Section, the additional termination provisions of Section 12 shall
<br />apply.
<br />SVCW's Contract with the Consultant shall require the Consultant to procure and maintain
<br />in force the following insurance at all times during the term of this Agreement and its
<br />performance of the Consultant Scope of Work and to name all other Parties and their
<br />directors, officials, officers, agents, and employees as additional insureds: (1) Commercial
<br />General Liability Insurance with limits not less than $2,000,000 each occurrence for Bodily
<br />Injury and Property Damage, including Contractual Liability, Personal Injury, Products
<br />and Completed Operations; (2) Commercial Automobile Liability Insurance with limits
<br />not less than $1,000,000 each occurrence, "Combined Single Limit" for Bodily Injury and
<br />REV: 10-06-2020 MI
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<br />ATTY/AGR.2020.216/MOA- SVCW, SFPUC, BAWSCA, Cal -Water, City of San Mateo (Page 8 of 36)
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