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<br />8. Not a Joint Venture or Joint Powers Authority. The Parties intended by this
<br />Agreement to establish only an Agreement for financial and accounting services, and do
<br />not intend to create a joint powers agency, partnership, joint venture, joint enterprise, or
<br />special relationship of any kind.
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<br />9. Indemnification. City hereby agrees to defend, indemnify, and hold harmless
<br />Authority and its Board, officers, agents, and employees against and from any and all
<br />claims, suits, and actions of every name, kind and description, which may be brought
<br />against Authority, by reason of any injury to, or death of, any person (including
<br />corporations, partnerships and associations) or damage suffered or sustained by any
<br />such person arising from, or alleged to have arisen from City’s acts or omissions provided
<br />under this Agreement.
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<br />Authority hereby agrees to defend, indemnify, and hold harmless the City and its City
<br />Council, officers, agents, and employees against and from any and all claims, suits, and
<br />actions of every name, kind and description, which may be brought against City, by
<br />reason of any injury to, or death of, any person (including corporations, partnerships and
<br />associations) or damage suffered or sustained by any such person arising from, or
<br />alleged to have arisen from, Authority’s acts or omissions under this Agreement.
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<br />The duty of City to indemnify and hold harmless, as set forth herein, shall include the duty
<br />to defend as set forth in California Civil Code section 2778; provided, however, that
<br />nothing contained herein shall be construed to require City to indemnify Authority, its
<br />officers, agents, employees, and volunteers against any responsibility or liability in
<br />contravention of California Civil Code section 2782.
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<br />9.1 In the event that Authority and City are concurrently negligent and are
<br />proximate causes of the alleged injury or damage giving rise to a claim, then the
<br />liability of any and all such claims for injuries or damages shall be apportioned
<br />under California’s law of comparative negligence.
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<br />10. Insurance. City shall obtain and maintain for the duration of the Agreement and
<br />any and all amendments, insurance against claims for injuries to persons or damage to
<br />property, which may arise out of or in connection with performance of the Services by City
<br />or City’s agents, representatives, employees, or subcontractors. Said coverage may be
<br />provided by self-insurance and/or through a joint powers insurance authority risk pool
<br />organized and operated under California law. Evidence of City’s compliance with these
<br />insurance requirements will be provided to Authority upon request.
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<br />10.1 Coverages and Limits. City, at its sole expense, shall maintain the types of
<br />coverages and minimum limits indicated below, unless otherwise approved by
<br />Authority in writing. These minimum amounts of coverage will not constitute any
<br />limitations or cap on City's indemnification obligations under this Agreement.
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