8D Consent 2008 0407 - Laserfiche WebLink

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Throughout the term of this Agreement, ABAG shall have the right to inspect the Project area to ascertain compliance with this Agreement. X. LIABILITY A. The Grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project and State of California (the "State"), and their respective members, directors, officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, except for active negligence of ABAG, its directors, officers, agents or employees. The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. PUBLIC ENTITY GRANTEES: This Agreement supersedes the Grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. B. The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from ABAG, the Bay Trail Project, the State, and their respective members, directors, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. C. The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the Agreement. Throughout the term of this Agreement, the Grantee shall provide and maintain public -liability and property -damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as follows: a single limit for bodily injury (including death) and property damage liability combined of $2,000,000 each occurrence and $2,000,000 in the aggregate. This insurance shall be issued by a company or companies admitted to transact business in the State. The liability insurance policy shall contain an endorsement specifying that ABAG, the Bay Trail Project and the State, and their respective members, officers, directors, agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to ABAG. ABAG is not responsible for premiums and assessments on any insurance policy. 0 If at the commencement of this Agreement, the Grantee self -insures for bodily injury, personal injury and property damage liability, the Grantee shall submit written evidence of such self-insurance for approval by ABAG, at its sole discretion. If at any time during the term of the Agreement, the Grantee ceases to be self-insured, the Grantee shall comply with insurance requirements set forth in the preceding section. -7- Construction Grant Agreement - 2008