|
the agent or representative of the City in any matter. Immigrant Defenders further agrees
<br />that it will not in any manner hold itself out as the agent or representative of the City or act
<br />in such a fashion as would give the impression to a reasonable person that Immigrant
<br />Defenders is acting in such a capacity.
<br />9. INDEMNITY
<br />Immigrant Defenders shall, to the fullest extent permitted by law, indemnify,
<br />protect, defend and hold harmless City, and its employees, officials and agents
<br />("Indemnified Parties") from all claims, demands, costs, or liability (including liability for
<br />claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
<br />proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert
<br />witness fees), but only in proportion and to the extent that such claims, demands, costs, or
<br />liabilities are caused by or result from the negligence, recklessness, or willful misconduct
<br />of Immigrant Defenders, its officers, employees, agents or vohuiteers, in the performance
<br />of services under this Agreement, excepting only liability arising from the sole negligence,
<br />active negligence, or intentional misconduct of City. If there is a possible obligation to
<br />indemnify, Immigrant Defenders' duty to defend exists regardless of whether it is
<br />ultimately determined that there is no obligation to indemnify. The existence or acceptance
<br />by City of the insurance policies or coverages described in this Agreement shall not affect
<br />or limit any of City's rights under this Section. This Section shall survive expiration or
<br />sooner termination of this Agreement.
<br />10. INSURANCE REQUIREMENTS
<br />During the entire term of this Agreement, Immigrant Defenders shall maintain the
<br />insurance coverage described in this Section. It is understood and agreed by the Immigrant
<br />Defenders that its liability to the City shall not in any way be limited to or affected by the
<br />amount of insurance coverage required or carried by the Immigrant Defenders in
<br />connection with this Agreement.
<br />a. Commercial General Liability Insurance providing coverage on an
<br />occurrence basis for bodily injury, including death, of one or more persons,
<br />property damage, and personal injury, arising out of activities performed by
<br />or on behalf of the Immigrant Defenders, its sub -consultants, and
<br />subcontractors, products and completed operations of Immigrant
<br />Defenders, its sub -consultants, and subcontractors, and premises owned,
<br />leased, or used by Immigrant Defenders, its sub -consultants, and
<br />subcontractors, with limits of not less than one million dollars $1,000,000
<br />per occurrence, $2,000,000 in the aggregate. The policy shall provide
<br />contractual liability and products and completed operations coverage for the
<br />tern of the policy.
<br />b. Automobile Liability Insurance providing coverage for bodily injury,
<br />including death, of one or more persons, property damage, and personal
<br />injury, with limits of not less than one million dollars ($1,000,000) per
<br />5
<br />#22417vl 251-15
<br />
|