Playing Smart changelabsolutions.org | kaboom.org 121 b. After proper notification, members of the Joint Use Interagency Team, or other designated representatives of the City and District, shall make an on-site investigation and attempt a settlement of the disagreement. c. In the event an agreement cannot be reached, the matter shall be referred to________ [City official] and________ [District official], or their designees, for resolution. d. The Owner shall have the right to make immediate emergency repairs or replacements of Property without voiding the User’s right to disagree. 17. Liability and Indemnification [Option: The model mutual indemnity clause below provides for each party to pay for their share of liability.] A. The City shall defend, indemnify, and hold the District, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents, or employees. B. The District shall defend, indemnify, and hold the City, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents, or employees. 18. Insurance The District and the City agree to provide the following insurance in connection with this Agreement. A. Commercial General Liability for bodily injury and property damage, including Personal Injury and Blanket Contractual, with limits of __________ per occurrence_________________ aggregate. B. Workers’ Compensation. Workers’ compensation coverage, as required by ______________[state law]. C. __________________ [Other types of insurance required]. Liability and Indemnification: An Indemnification Clause is a contractual provision in which one party agrees to be responsible for any specified or unspecified liability or harm that the other party might incur. Attorneys for the City and District will tailor the indemnity clauses to reflect their state and local law and practice. The District and City have three options: (1) they can share responsibility with a mutual indemnity clause; (2) the City can take responsibility for the potential liability; or (3) the District can take responsibility. Insurance: Insurance is a contract by which one party (the insurer) undertakes to indemnify another party (the insured) against risk of loss, damage, or liability arising from the occurrence of some specified contingency. City and District personnel must confirm with risk managers at both the City and District the nature and extent of insurance coverage maintained by each party so that the Agreement accurately reflects the amount of insurance coverage of each party. Attorneys for the City and District will tailor the insurance clauses to reflect their state and local law and practice.
RkJQdWJsaXNoZXIy NTkzMzk=