|
without the prior written approval of the Party owning the fire station
<br /> SECTION 7. INDEMNITY, INSURANCE, AND WAIVERS
<br /> A Indemnity
<br /> To the maximum extent allowed by California law, and at no expense to the Parties,
<br /> the Authority shall defend, indemnify, and hold harmless Livermore, Pleasanton, and their
<br /> respective officials, officers, directors, employees, attorneys, agents, and designated
<br /> volunteers from and against any and all claims, loss, liability, damage, including but not
<br /> limited to, reasonable attorney, consultant, and expert fees, and court costs arising out
<br /> of, or in connection with, this Amended and Restated Agreement and the Fire Protection
<br /> Services provided by the Authority, except for the gross negligence and willful misconduct
<br /> of Livermore, Pleasanton, and their respective elected officials, officers, directors,
<br /> employees, agents, and designated volunteers
<br /> The defense and indemnification obligations in this Amended and Restated
<br /> Agreement are undertaken in addition to, and shall not in any way be limited by, the
<br /> insurance obligations contained in Section 7(B)
<br /> The indemnity in this Section 7(A) is unlimited as to amount or duration and is
<br /> binding upon, and inures to the benefit of, the Parties and the Parties' successors and
<br /> assigns, and shall survive termination of this Amended and Restated Agreement for the
<br /> full period of time allowed by law
<br /> B Insurance
<br /> The Authority shall acquire such insurance protection as is necessary to protect
<br /> the interests of the Authority and the Parties At a minimum, the Authority shall procure
<br /> and maintain insurance during the term of this Amended and Restated Agreement under
<br /> the terms established in Attachment F, in the amounts established by the Board of
<br /> Directors upon recommendations from the Joint Executive Directors, against claims that
<br /> may arise from or in connection with this Amended and Restated Agreement The
<br /> Authority, at no cost to the Parties, is responsible for the payment of all premiums,
<br /> deductibles, and self-insured retention amounts for such insurance
<br /> It shall be a requirement under this Amended and Restated Agreement that any
<br /> available insurance proceeds broader than, or in excess of, the specified minimum
<br /> insurance coverage requirements and/or limits shall be available to Livermore and
<br /> Pleasanton Furthermore, the requirements for coverage shall be (1) the minimum
<br /> coverage specified in this Amended and Restated Agreement; or (2) the broader
<br /> coverage of any insurance policy or proceeds available to the Authority; whichever is
<br /> greater. Coverage limits shall be established by the Board of Directors, as recommended
<br /> by the Joint Executive Directors No representation is made that the minimum insurance
<br /> requirements in this Amended and Restated Agreement are sufficient to cover the
<br /> Authority's obligations
<br /> AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE-PLEASANTON
<br /> FIRE DEPARTMENT JOINT POWERS AUTHORITY
<br /> Page 16
<br />
|