Agmt10 Recology San Mateo County

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• • 3874 The Agency's rights under this Article do not preclude its permanent acquisition of 3875 Contractor's vehicles and equipment used in providing service to Agency through the 3876 exercise of eminent domain. 3877 ARTICLE 13 INDEMNITY, INSURANCE, BOND, GUARANTY 3878 13.01 INDEMNIFICATION 3879 Contractor shall indemnify, defend and hold harmless Agency, its officers, employees 3880 and agents (collectively, the "Indemnitees "), from and against (i) any and all liability, 3881 penalty, claim, demand, action, proceeding or suit, of any and every kind and 3882 description, whether judicial, quasi - judicial or administrative in nature, (ii) any and all 3883 loss including, but not limited to, injury to and death of any person and damage to 3884 property, and (iii) contribution or indemnity demanded by third parties (collectively, the 3885 "Claims "), arising out of or occasioned in any way by, directly or indirectly, Contractor's 3886 performance of, or its failure to perform, its obligations under this Agreement. The 3887 foregoing indemnity shall not apply to the extent that a Claim is caused solely by the 3888 active negligence or intentional misconduct of the Indemnitees, but shall apply if the 3889 Claim is caused by the joint negligence of Contractor and other Persons, including an 3890 Indemnitee. Upon the occurrence of any Claim, Contractor shall defend (with attorneys 3891 reasonably acceptable to Agency) the Indemnitees. Contractor's duty to defend and 3892 indemnify shall survive the expiration or earlier termination of this Agreement. 3893 13.02 INSURANCE 3894 A. Types and Amounts of Coverage. Contractor shall procure from an insurance 3895 company or companies admitted to do business in the State of California, and shall 3896 maintain in force at all times during the Term, the following types and amounts of 3897 insurance: 3898 1. Workers' Compensation and Employer's Liability. Contractor shall maintain 3899 workers' compensation insurance covering its employees in statutory amounts 3900 and otherwise in compliance with the laws of the State of California. Contractor 3901 shall maintain employer's liability insurance in an amount not less than one 3902 million dollars ($1,000,000) per accident or disease. Contractor shall not be 3903 obligated to carry workers compensation insurance if (i) it qualifies under 3904 California law and continuously complies with all statutory obligations to self - 3905 insure against such risks; (ii) furnishes a certificate of Permission to Self Insure 3906 issued by the Department of Industrial Relations; and (iii) furnishes updated 3907 certificates of Permission to Self Insure periodically to evidence continuous self 3908 insurance. 3909 2. Comprehensive General Liability. Contractor shall maintain comprehensive 3910 general liability insurance with a combined single limit of not Tess than ten million 3911 dollars ($10,000,000) per occurrence covering all claims and all legal liability for 3912 personal injury, bodily injury, death, and property damage, including the Toss of 3913 use thereof, arising out of, or occasioned in any way by, directly or indirectly, 3914 Contractor's performance of, or its failure to perform, services under this 3915 Agreement. 3916 The insurance required by this subsection shall include: Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 97 of 115