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Agmt 2005 Alameda County Fire Department ACFD
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Agmt 2005 Alameda County Fire Department ACFD
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12/6/2006 9:21:22 AM
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12/6/2006 9:15:37 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/20/2005
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PERM
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Reso 2005-129
(Approved by)
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\City Clerk\City Council\Resolutions\2005
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<br />and employees free and harmless from any and all claims for damage or injury to <br />persons or property whatsoever kind or nature, including consequential damages, <br />based or asserted upon any act or omission of or purported act of omission of <br />County and/or ACFD, their elected or appointed officials, officers or employees in <br />connection with or arising out of the performance by County and/or ACFD and its <br />elected or appointed officials, officers and employees of this Agreement and with <br />regard to any alleged illegality or unconstitutionality of a County ordinance. <br /> <br />Except as otherwise specifically provided in this Agreement or any <br />attachment hereto, the City shall defend, indemnify, and hold harmless the County <br />and ACFD, their elected and appointed officials, officers, and employees free and <br />harmless from any and all claims for damage or injury to persons or property <br />whatsoever kind of nature, including consequential damages, based or asserted <br />upon any act or omission of or purported act of omission of City, its elected or <br />appointed officials, officers or employees in connection with or arising out of the <br />performance by City and its elected or appointed officials, officers and employees of <br />this Agreement and with regard to any alleged illegality or unconstitutionality of a <br />City ordinance. <br /> <br />b. Mutual Indemnification Obliaations Survive Termination <br /> <br />The obligations created by Section 7(a) shall survive the expiration or <br />termination of this Agreement as to activities occurring or being carried out during <br />the term of this Agreement in the performance of this Agreement. <br /> <br />Section 8. Insurance <br /> <br />a. Public Liabilitv and Property Insurance <br /> <br />ACFD shall maintain public liability and property damage insurance for the <br />single combined liability limit of not less than $10 million insuring all liability of <br />County, including ACFD and its authorized representatives arising out of and in <br />connection with the provision of service by ACFD under this Agreement, including <br />the use and/or occupancy of City owned equipment, apparatus, real property and <br />premises. <br /> <br />The City shall be named as an additional insured and the policy shall contain <br />cross liability endorsements. An endorsement shall be provided which states that <br />the County coverage is the primary insurance and that no other insurance affected <br />by the City will be called upon to contribute to a loss under this coverage. ACFD, on <br />its own or through the County, may self-insure to these limits of coverage. <br /> <br />Agreement Regarding Fire and Emergency <br />Response Services - San Leandro/Alameda County <br /> <br />Page 21 of24 <br />
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