Agmt12 Redwood City School Disrict - use of facilities

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shall be considered as an acceptance of responsibility by the Responsible Party. ii After proper notification, members of the Joint Use Oversight Team, or other designated representatives of the Interested Parties, shall make an on-site investigation and attempt a settlement of the disagreement. iii In the event an agreement cannot be reached, the matter shall proceed as described in Section 17 of this Agreement. iv The Owner shall have the right to make immediate emergency repairs or replacements of Property without voiding the User's right to disagree. 15. Liability and Indemnification Each Party shall defend, indemnify, and hold the other Party, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the other Party, its officers, agents, or employees. 16. Insurance The Parties agree to provide the following insurance in connection with this Agreement. a. Each party agrees, for the term of this agreement, to either maintain insurance policies or self-insure in an amount not less than specified below against damages or injuries that may arise from the activities contemplated by this Agreement. In addition, each party shall include or be endorsed to include the other party as an additional insured. i Commercial general liability and automobile insurance, both with a combined single limit of not less than one million dollars ($1,000,000) ii Workers' Compensation coverage for its own employees, as required by law. b. The District shall be required to carry and pay for State Property Insurance, as required by law. c. The Responsible Party shall require the User to waive Owner liability and shall be responsible for ensuring that the User maintains insurance or demonstrates self-insurability for: i Commercial general liability of not less than one million dollars ($1,000,000) d. The Parties shall provide each other with a certificate of insurance upon request showing proof of the above coverage. In the event an Party is self-insured for the above coverage, such agency shall provide a letter stating its agreement to provide coverage for any claims resulting from its negligence in connection with joint use facilities in the above amounts. In the event that either party fails to maintain adequate insurance coverage, the party with inadequate coverage shall promptly notify the other party. 17. Dispute Resolution Should a dispute arise out of this Agreement, the Oversight Team shall attempt to resolve the dispute in a timely manner by using the following process: a. Educating users about the need to try to resolve any disputes in a direct, timely and respectful manner at the level at which the disagreement occurs.