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b. Agency shall defend, indemnify, and hold harmless Metropolitan, its Board <br />of Directors, officers, employees, and agents from and against all claims, suits, or causes of action <br />for injury to any person or damage to any property to the proportionate extent arising out of, <br />pertaining to, or related to Agency's and its participating entities', consultants', and sub - <br />consultants negligence, recklessness or willful misconduct in the performance of this Agreement, <br />including any claims, suits, or causes of action by any employee of the Agency and its participating <br />entities, consultants, and sub -consultants relating to his or her employment status with <br />Metropolitan and/or rights to employment benefits from Metropolitan. <br />19. Insurance <br />a. Agency shall procure and maintain for the duration of this Agreement <br />insurance, or a program of self insurance, against claims for injuries to persons or damages to <br />property which may arise from or in connection with the performance of the work hereunder by <br />the Agency and its participating entities, consultants, and sub -consultants, and their agents, <br />representatives, or employees. <br />b. Agency shall sustain proof of insurance coverage in an updated ACORD <br />form (attached hereto as Exhibit E), or equivalent, and incorporated by reference, during the <br />term of this Agreement. Failure to provide the updated insurance ACORD form, or equivalent, <br />annually may result in the withholding of Agency's invoice payment. Agency shall list the <br />agreement number on the ACORD form, or equivalent, and email to Metropolitan's Agreement <br />Administrator at dbentley@mwdh2o.com and a copy to Aereementlnsurance@mwdh2o.com or <br />fax to 213-576-6158. <br />C. Minimum Scope of Insurance <br />Coverage shall be at least as broad as: <br />i. Insurance Services Office Commercial Liability coverage <br />(occurrence Form CG0001). <br />ii. Insurance Services Office Form Number CA 0001 covering <br />Automobile Liability, Code 1, (any auto). <br />City of Santa Ana 10 Agreement No. 189280 <br />20C-17 <br />