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City of Santa Ana <br />Grant Agreement: No. 19-097 <br />Page 9 <br />negligence of the Conservancy, its officers, agents or employees. The duty of.the grantee to <br />indemnify and hold harmless includes the duty to defend as provided in Civil Code Section <br />2778. This agreement supersedes any right the grantee may have as a public entity to indemnity <br />and contribution as provided in Gov. Code Sections 895 et seq. <br />The grantee waives any and all rights to any type of express or implied indemnity or right of <br />contribution from the State, its officers, agents or employees, for any liability resulting from, <br />growing out of, or in any way connected with or incident to this agreement. <br />Nothing in this agreement is intended to create in the public or in any member of it rights as a <br />third -party beneficiary under this agreement. <br />INSURANCE <br />Throughout the term of this agreement, the grantee shall procure and maintain insurance, as <br />specified in this section, against claims for injuries to persons or damage to property that may <br />arise from or in connection with any activities by the grantee or its agents, representatives, <br />employees, or contractors associated with the project undertaken pursuant to this agreement. <br />As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the <br />coverage required by this section in whole or in part through: (a) its contractors' procurement <br />and maintenance of insurance for work under this agreement, if the coverage otherwise fully <br />satisfies the requirements of this section; or (b) the grantee's participation in a "risk <br />management" plan, self insurance program or insurance pooling arrangement, or any <br />combination of these, if consistent with the coverage required by this section. <br />1. Minimum Scope of Insurance. Coverage shall be at least as broad as: <br />a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence <br />basis (Form CG 00 01) or comparable. <br />b. Automobile Liability coverage -ISO Form Number CA 0001, Code I (any auto). <br />c. Workers' Compensation insurance as required by the Labor Code of the State of <br />California, and Employer's Liability insurance. <br />2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: <br />