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RWC will defend, indemnify and hold harmless BAWSCA, its <br /> member agencies, and their respective officers and employees ( "BAWSCA Indemnitees ") from <br /> and against all claims, damages, losses and expenses including attorney fees arising out of <br /> RWC's performance of the Services, caused in whole or in part by the willful misconduct or any <br /> negligent act or omission of RWC, any subcontractor, anyone directly or indirectly employed by <br /> any of them or anyone for whose acts any of them may be liable, except where caused by the <br /> active negligence, sole negligence, or willful misconduct of BAWSCA Indemnitees. In addition, <br /> RWC shall indemnify, defend, and hold harmless the BAWSCA Indemnitees against any and <br /> all claims and liabilities arising from the infringement of intellectual property rights that may <br /> occur, or that may be alleged to have occurred, from RWC's performance under this <br /> Agreement. <br /> BAWSCA will defend, indemnify and hold harmless RWC and its officers and, <br /> employees ( "RWC Indemnitees ") from and against all claims, damages, losses and expenses <br /> including attorney fees arising out of BAWSCA's performance of the Services, caused in whole <br /> or in part by the willful misconduct or any negligent act or omission of BAWSCA, any <br /> subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts <br /> any of them may be liable, except where caused by the active negligence, sole negligence, or <br /> willful misconduct of RWC Indemnitees. In addition, BAWSCA shall indemnify, defend, and <br /> hold harmless the RWC Indemnitees against any and all claims and liabilities arising from the <br /> infringement of intellectual property rights that may occur, or that may be alleged to have <br /> occurred, from BAWSCA's performance under this Agreement. <br /> 14. Insurance. <br /> A. BAWSCA Insurance. <br /> BAWSCA shall take out and maintain during the life of this Agreement such bodily injury <br /> liability and property damage liability insurance as shall protect BAWSCA from any and all <br /> claims for damages for bodily injury, including accidental death, as well as any and all claims <br /> for property damage which may arise from BAWSCA's participation in this Agreement and /or <br /> 4 2694537.1 <br />