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compensation claims) and/or damage to property, which arise out of the terms and conditions of <br />this Agreement and which result from the negligent acts or omissions of San Carlos, its officers, <br />agents, and/or employees. <br />(c) In the event of concurrent negligence of Redwood City, its officers and/or <br />employees, and San Carlos, its officers and/or employees, then the liability for any and all claims <br />for injuries or damage to persons and/or property which arise out of terms and conditions of this <br />Agreement shall be apportioned according to the California theory of comparative negligence. <br />This Section shall include, without limitation, any actions, claims, suits, demands, and liability of <br />every name, kind, and description brought for, or on account of injuries to or death of any person, <br />including Redwood City and/or San Carlos, or damage to property of any kind whatsoever and to <br />whomsoever belonging. The duty to indemnify and hold harmless as set forth herein shall include <br />the duty to defend as set forth in Civil Code Section 2778. <br />8. Insurance. Each Participating Agency shall obtain and maintain for the duration of <br />the Agreement and any and all amendments, insurance or an equivalent through a pooled risk <br />group mutually acceptable to the Participating Agencies against claims for injuries -to persons or <br />damage to property which may arise out of or in connection with performance of the services under <br />this Agreement. <br />(a) Coverages and Limits. Each Participating Agency, at its sole expense, shall <br />maintain the types of coverages and minimum limits indicated below. <br />(i) Commercial General Liability Insurance. $5,000,000 combined <br />single -limit per occurrence for bodily injury, personal injury and property damage. <br />If the submitted policies contain aggregate limits, general aggregate limits shall <br />apply separately to the services or work under this Agreement or the general <br />aggregate shall be twice the required per occurrence limit. <br />(ii) Automobile Liability. $5,000,000 combined single -limit per <br />accident for bodily injury and property damage. <br />(iii) . Workers' Compensation and Employer's Liability. Workers' <br />Compensation limits as required by the California Labor Code and Employer's <br />Liability limits of $1,000,000 per accident for bodily injury. Workers' <br />Compensation and Employer's Liability insurance shall not be required if the <br />Participating Agency has no employees and provides, to the other Participating <br />Agency's satisfaction, a declaration stating this. <br />(b) Additional Provisions. Each Participating Agency shall ensure that the <br />policies of insurance required under this Agreement contain, or are endorsed to contain, the <br />following provisions: <br />(i) For Commercial General Liability Insurance and Automobile <br />Liability Insurance: each Participating Agency, its officers, agents, volunteers and <br />employees shall be named as additional insureds of the other. <br />ATTY/AGR/20181AMENDMENTSIAMEND N0.2 SAN CARLOS — RWC FIRE AGREEMENT <br />REV: 0417-18 A <br />Page 8 of 32 <br />