Agmt24 Browning-Ferris Industries of California, Inc.

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REV: 08-28-24 LF willful misconduct of the Contractor, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (“Claims”). Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys' fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence or willful misconduct of the City. 11.2. With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. 11.3. However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. 11.4. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8, as amended. To the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 11.5. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. 11.6. Acceptance by City of Contractor’s services and duties will not operate as a waiver of City’s rights under this Section 11. 11.7. The parties expressly agree that this Section 11 will survive the expiration or early termination of the Agreement. 12. Insurance. Contractor will 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 Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance carrier(s) is required to maintain an A.M. Best rating of not less than “A-:VII”. 12.1. Coverages and Limits. Contractor, at its sole expense, will maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not ATTY/AGR.2024.150/Browning-Ferris Industries of California, Inc. (Disposal of soils and mixed construction debris) (Page 4 of 13)