11 - Laserfiche WebLink

Hi) the coverage afforded CITY and the other persons will not be reduced or diminished by reason of the use of such umbrella or blanket policy; and (iii) the other insurance requirements as set forth in Article 11.0 are satisfied. In such case, an allocable portion of the premiums for such umbrella policies of insurance shall be considered a Direct Cost. 11.04 Indemnification and Hold Harmless. OPERATOR shall fully defend, indemnify and hold harmless CITY and its elective and appointive boards, commissions, officers, agents, and employees, from and against any and all damages, liabilities, claims, costs or expenses, including but not limited to reasonable attorneys' fees and costs, for economic damage to third parties, property damage or bodily injury, including but not limited to death: a) which result from any act or omission by OPERATOR or any officer, director, employee or subcontractor of OPERATOR in connection with OPERATOR's performance under this Agreement or operation of the Golf Course; b) which result from any action taken by OPERATOR relating to the Golf Course (i) that is prohibited by this Agreement, or (ii) that is not within the scope of OPERATOR's duties under this Agreement, or (iii) that is not within OPERATOR'S delegated authority under this Agreement; c) which result from OPERATOR's violation of Insurance Requirements or Legal Requirements; or d) which CITY, by reason of any alleged breach of a "non- delegable duty," is subject to, because of the OPERATOR's violation of any national, state or local law, regulation or order which pertains to providing safe working conditions for OPERATOR's employees, or because of OPERATOR's failure to provide safe working conditions for OPERATOR's employees. This section shall not apply to damages, liabilities, claims, costs or expenses that arise out of CITY's sole negligence or willful misconduct. 11.05 Indemnification for Fines. OPERATOR shall fully defend, indemnify and hold CITY and its elective and appointive boards, commissions, officers, agents, and employees, harmless from and against any fines imposed by administrative or regulatory bodies for actions caused by OPERATOR or its officers, employees or agents and not caused by CITY's sole negligence or willful misconduct. 11.06 Handling of Claims. OPERATOR shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability, and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the Golf Course "Claims whether or not such Claims are covered by the insurance required under this Article 11.0. Handling such Claims shall include without limitation responding to such Claims, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages and expenses relating to such Claims or overseeing the insurance carrier's activities in this regard. To the 39