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San Diego Field Station <br />4165 Spruance Road <br />San Diego, CA 92021 <br />(619)225-6422 <br />Erin E. Boydston, Principal Investigator (PI) <br />Western Ecological Research Center <br />San Diego Field Station <br />401 W. Hillcrest Dr. Santa Monica Mtns National Park <br />Thousand Oaks, CA 91360 <br />(805)370-2362 <br />ARTICLE VII. TERNHNATION <br />Either party may terminate this Agreement by providing one hundred twenty (120) days written <br />notice to the other party. <br />ARTICLE VHI. LIABILITY <br />A. WERC shall cooperate, to the extent allowed by law, in the submission of claims <br />pursuant to the Federal Tort Claims Act (28 USC § 1346(b), 2671 et seq.) against the <br />United States for personal injuries or property damage resulting from the negligent or <br />wrongful act or omission of any employee of the United States while acting within the <br />scope of his or her employment. <br />B. Both parties shall protect, defend, indemnify and save and hold harmless each other, their <br />respective officers, officials, employees, and agents from and against any and all liability, <br />loss, expenses (including reasonable attorney's fees) or claims for injury or damages <br />arising out of each other's performance of this MOU to the extent that such liability, loss, <br />expense, attorney's fees or claims for injury or damages are caused by or result from the <br />negligent or intentional acts or omissions of the respective parties, their officer, agents <br />or employees. <br />ARTICLE IX. INSURANCE <br />A. Prior to undertaking any performance of work under this MOU, WERC shall require its <br />subcontractors, if any, to obtain and maintain insurance as described below: <br />1. Commercial General Liability Insurance. Sub -contractor shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers <br />and representatives as additional insured(s) and shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of subcontractors' operations in the performance of this MOU, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not <br />less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />Page 5 of 8 <br />25E-7 <br />