AgdaPkt 2004-01-05 - Laserfiche WebLink

Browse Search

(~) All fees collected for use of the simulators shall be deposited into the Maintenance Fund for payment of any expenses that may be charged to such Fund under the terms of this Agreement. 7. Indemnity: (a) Each party to this Agreement shall provide its own defense and shall pay ~! awarded damages, settlement smounts, costs, and attorney's fees arising from or related to its individual use and operation of the simulators. (b) No party shall be liable in damages to any other party, any employee of any party, or any other person or entity for failure to deliver the simulators upon demand. (c) Each party will indemnify, defend, and hold harmless each of the other parti_es and their officials, officers, and employees from all liability claims, workers' compensation claims, damages, costs, and attorney's fees which arise from or are related to the indemnifying party's acts or omissions involving use and operation of the simulators. A party shall be in "use and operation of the simulators" at 8ny time it or its employees are in possession and control of the equipment. 8. Insurance: General liability insurance in the amount of one million dollars and property damage insurance shall be secured to cover the simulators and related equipment, unless such insurance is unavailable or is prohibitively expensive compared to the risk of self- insurance, as determined by the SMCTG members. The members shall each pay an equal share of the insurance cost, as billed to them by Brisbane from time to time upon its receipt of premium notices from the insurance carriers. The insurance shall be obtained from a company qualified to do business in the State of California. Each member of SMCTG shall be named as an insured party under the general liability and property damage insurance policies. 9. Relationship Between the Parties: Nothing contained in this Agreement ~hall be construed to make any party hereto or any of its officers, agents, or employees the officer, agent or employee of any other party, except as to the specific responsibilities of Brisbane for administration of this Agreement on behalf of the SMCTG members, as set forth herein. This Agreement is not intended to nor shall it create a joint powers authority or agency of any kind. 10. Additional Members of SMCTG: Additional public agencies may be admitted to membership in SMCTG with the approval of a majority of the current members and upon payment of such amounts and satisfaction of such conditions and requirements as may be determined by the current members, including, but not limited to, reimbursement to the current members of a portion of the amount expended for purchase of the simulators and related equipment and supphes. Any agency admitted to membership shall agree in writing to be bound by all of the terms and conditions of this Agreement. Rev. 7/21/03 -5'