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REV: 05-31-24 LF 4.INDEMNIFICATION. (a). Redwood City hereby agrees to defend, indemnify, and save ATHERTON and its officers, agents, and employees harmless against and from any and all claims, suits, and actions of every name, kind and description, which may be brought against ATHERTON, by reason of any injury to, or death of, any person (including corporations, partnerships and associations) or damage suffered or sustained by any such person arising from, or alleged to have arisen from Redwood City's services provided under this agreement, except as arising from the sole negligence or willful misconduct of ATHERTON. (b). ATHERTON hereby agrees to defend, indemnify, and save Redwood City and its officers, agents, and employees harmless against and from any and all claims, suits, and actions of every name, kind and description, which may be brought against Redwood City, by reason of any injury to, or death of, any person (including corporations, partnerships and associations) or damage suffered or sustained by any such person arising from, or alleged to have arisen from, any act or omission to act, arising from or relating to ATHERTON entering the Municipal Service Center in connection with this Agreement or arising from ATHERTON's failure to timely schedule required maintenance or to have maintenance performed as recommended by the manufacturer of the Fleet Equipment, or as recommended by Redwood City in writing, except as arising from the sole negligence or willful misconduct of Redwood City. (c). The Parties shall waive any rights of recovery for liabilities arising out of the California Workers’ Compensation laws, including but not limited to Cal. Labor Code sections 3200 and following. 5. INSURANCE. The Parties will obtain and maintain for the duration of the agreement and any and all amendments, coverage against claims for injuries to persons or damage to property, which may arise out of or in connection with performance of this Agreement to the extent provided below. Said coverage may be provided by self-insurance and/or through joint powers insurance authority risk pool organized and operated under California law. (a). Redwood City and ATHERTON will maintain the types of coverages and minimum limits indicated below: (1)General Liability with limits of $2,000,000 per occurrence. (2)Automobile Liability with limits of $1,000,000 per occurrence. (3)Workers' Compensation as required by the California Labor Code and Employer's Liability with limits of $1,000,000 per accident for bodily injury. ATTY/AGR.2024.063/City of Redwood City (Atherton - Agreement for Fleet Equipment Maintenan) (Page 3 of 6)