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XIII. INDEMNIFICATION AND HOLD HARMLESS <br />The grantee shall indemnify and hold harmless the Authority, its officers, agents <br />and employees from any and all losses, liabilities, claims, demands, damages, or <br />costs, including without limitation litigation costs and attorneys fees (collectively <br />“the Losses”), resulting from or arising out of the willful or negligent acts or <br />omissions of the grantee, its officers, agents, contractors, subcontractors and <br />employees, or in any way connected with or arising out of this agreement, except to <br />the extent the Losses arise out of the active negligence or misconduct of the <br />Authority, its officers, agents or employees. The duty of the grantee to indemnify <br />and hold harmless includes the duty to defend as provided in Civil Code Section <br />2778. This agreement supersedes any right the grantee may have as a public entity <br />to indemnity and contribution as provided in Gov. Code Sections 895 et seq. <br /> <br />The grantee waives any and all rights to any type of express or implied indemnity or <br />right of contribution from the Authority, its officers, agents or employees, for any <br />liability resulting from, growing out of, or in any way connected with or incident to <br />this agreement. <br /> <br />Nothing in this agreement is intended to create in the public or in any member of it <br />rights as a third-party beneficiary under this agreement. <br /> <br />XIV. INSURANCE <br />Throughout the term of this agreement, the grantee shall procure and maintain <br />insurance, as specified in this section, against claims for injuries to persons or <br />damage to property that may arise from or in connection with any activities by the <br />grantee or its agents, representatives, employees, volunteers, or contractors <br />associated with the project undertaken pursuant to this agreement. <br /> <br />As an alternative, with the written approval of the Executive Officer, the grantee <br />may satisfy the coverage required by this section in whole or in part through: (a) its <br />contractors’ procurement and maintenance of insurance for work under this <br />agreement, if the coverage otherwise fully satisfies the requirements of this section; <br />or (b) the grantee’s participation in a “risk management” plan, self insurance <br />program or insurance pooling arrangement, or any combination of these, if <br />consistent with the coverage required by this section. <br /> <br />1. Minimum Scope of Insurance. Coverage shall be at least as broad as: <br /> <br />a. Insurance Services Office (“ISO”) Commercial General Liability <br />coverage, occurrence basis (Form CG 00 01) or comparable. <br /> <br />31