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6.C. - Page 104 of 147
<br />8. Insurance. Prior to entry upon the Cargill Property or Cargill Point Property, the
<br />District and each contractor or subcontractor of the District shall provide to Cargill and to Cargill
<br />Point copies of insurance certificates or other acceptable evidence showing that it maintains the
<br />following coverages or any higher amounts as required by law or regulation:
<br />Type of Insurance
<br />Workers' Compensation
<br />Employer's Liability
<br />Commercial General Liability
<br />(including Contractual Liability)
<br />Automobile Liability
<br />Professional Liability
<br />Limits
<br />Statutory
<br />$1,000,000 each occurrence
<br />Bodily injury and death:
<br />$1,000,000 combined single limit
<br />Property damage: $1,000,000
<br />combined single limit.
<br />$1,000,000 each occurrence
<br />$1,000,000 each occurrence
<br />The certificates of Commercial General Liability and Professional Liability insurance, if
<br />applicable, shall provide that Cargill and Cargill Point shall be given not less than thirty (30)
<br />days' written notice before cancellation or any material change in the insurance. The insurance
<br />coverage shall be written on an occurrence rather than on a claims -made basis, shall be written
<br />by carriers with an A.M. Best Rating of A -VIII or better, or provided by self-insurance
<br />authorized by the California Government Code, and shall remain in effect during the term of this
<br />Agreement. Cargill and Cargill Point shall be named as additional insureds on Commercial
<br />General Liability insurance or self-insurance coverage required hereunder.
<br />9. Indemnity. The District agrees to indemnify, defend and hold harmless Cargill
<br />and its successors and assigns, and its employees, agents, directors, officers, representatives and
<br />affiliates (the "Cargill Parties") and to indemnify, defend and hold harmless Cargill Point and
<br />its successors and assigns, and its employees, agents, directors, officers, representatives and
<br />affiliates (the "Cargill Point Parties") from and against any and all losses, liabilities, damages,
<br />claims, suits, fines, penalties, costs or expenses (including but not limited to attorneys' fees)
<br />(collectively, "Claims") against the Cargill Parties or Cargill Point Parties, respectively, for
<br />injuries to any persons or property arising out of or resulting from: (i) the acts or omissions of the
<br />District, its agents, employees, representatives and contractors; (ii) the use of, occupancy, and/or
<br />presence upon the Cargill Property or Cargill Point Property by the District, its agents,
<br />employees, representatives, contractors and contractors; (iii) the breach by the District of any
<br />obligation or covenant contained in this Agreement; and/or (iv) noncompliance by the District
<br />with any permit, approval or applicable law in connection with the District's activities under this
<br />Agreement, including the Clean Water Act, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery
<br />Act of 1976, and similar State of California laws, including the Porter -Cologne Water Quality
<br />Control Act and Hazardous Substances Account Act; provided, however, that the District shall
<br />have no obligation to indemnify any Cargill Parties or Cargill Point Parties to the extent such
<br />Claims arise from the gross negligence or willful misconduct of one or more Cargill Parties, or
<br />Cargill Point Parties, respectively. The District's obligations under this indemnification
<br />provision will survive any termination of this Agreement.
<br />Con
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