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be furnished to Agency duplicate originals of bodily injury and property damage
<br />insurance in the aggregate amount of FIVE MILLION DOLLARS ($5,000,000)
<br />combined single limit policy naming Agency, and its governing body, officers, members,
<br />agents, attorneys and employees as co-insureds, which coverage shall be primary
<br />insurance and not contributing with any other insurance maintained by Agency. Such
<br />policy shall include broad form contractual liability coverage to the extent such coverage
<br />is provided subject to standard exclusions, for Shea's indemnification agreement set forth
<br />in this section. Shea shall also furnish or cause to be fumished to Agency evidence
<br />satisfactory to Agency that any contractor with whom it has contracted for the
<br />performance of work on the Shea Project Site carries workers' compensation insurance as
<br />required by law. Shea also agrees that before its prime contractors commence work on
<br />the Shea Project Site, such contractors shall furnish the Agency proof of insurance
<br />coverage naming such public agency, its governing body, officers, members, agents and
<br />employees as co-insureds, under a policy m, policies of insurance containing coverage of
<br />such risks and in such amounts as are standard for public works contracts of the nature
<br />and scope to be constructed on the Shea Project Site.
<br />
<br /> Subsequent to the Election to Fund, and in addition to the insurance requirements
<br />of this Section 506, Shea shall assume and be responsible for, and shall defend,
<br />indemnify and save harmless, Agency, its governing body, officers, members, agents,
<br />attorneys and employees fi.om and against any and all claims, demands, liability, loss or
<br />costs, including reasonable attorneys' fees and court costs, for injuries to, or the death of,
<br />any person or persons, or damages to property, including property of the Agency, which
<br />may arise out of or in any manner be connected with Shea's performance of the work to
<br />be performed by Shea subsequent to the Election to Fund, except such as may arise from
<br />the sole negligence or willful misconduct of Agency, or its governing body, officers,
<br />members, agents or employees.
<br />
<br /> Shea's undertaking and duty to defend, indemnify and save harmless Agency
<br />under this Section 506 arising subsequent to the Election to Fund, shall, except as
<br />otherwise agreed to during the Meet and Confer session held pursuant to Section 303(D),
<br />extend to and cover any claim that arises subsequent to the Election to Fund that may be
<br />brought against Agency On the grounds of the discovery of hazardous materials on the
<br />Shea Project Site; provided that the duties of Shea under this Section 506 shall not extend
<br />to the indemnification of Agency where Agency or City or their respective governing
<br />bodies, members, officers, employees, agents or independent contractors bear
<br />responsibility, directly or indirectly, for (1) the presence of hazardous materials on the
<br />Shea Project Site or the location of the Shea Shared Infrastructure which have migrated
<br />from or are associated with a source of hazardous materials contamination located outside
<br />of the Shea Project Site and the location of the Shea Shared Infi.astmcture or (2) any
<br />injuries to, or death of any person or persons, or damage to any property resulting from
<br />the presence on the Shea Project Site of the hazardous materials to which reference is
<br />made in clause (1) of this sentence. Nothing in the preceding shall be construed as an
<br />admission by any party or City with respect to the potential liability or potential status as
<br />a responsible party of any party or City with respect to the presence of hazardous
<br />materials in any location.
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<br />wc-21875
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