SANTA ANA UNIFIED SCHOOL DISTRICT (26)

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s Section 6.4 Additional Insureds. Each of the General Liability Policy,the Vehicle Liability Policy, and the Abuse Policy maintained by Partner shall name (or be endorsed to name)as additional insureds in connection with this Agreement and the Services:(i)the District,the District Board and each individual member thereof, and the District's other officers, employees,and agents(collectively, but not including the District,the"District Agents"). Each of the General Liability Policy,the Vehicle Liability Policy,and the Abuse Policy maintained by District shall name (or be endorsed to name) as additional insureds in connection with this Agreement and the Services: the Partner, its City Council, officers, officials, employees,volunteers,and agents(collectively,but not including the Partner,the"Partner Agents").The additional insured endorsements must be ISO form CG 2010 11/85 or alternative approved in advance by the District,in its reasonable discretion. For purposes of this Section,and without otherwise limiting the District's discretion to determine an alternative to form CG 2010 11/85, a combination of ISO forms CG 2010 10/01 and CG 2037 10/01 shall be deemed an acceptable alternative to ISO form CG 2010 11/85. Section 6.5 Cross Liability and Subrogation. Subsection 6.5.1 Cross Liability. A cross liability provision in an insurance policy allows the insurance to be applied to each of the policy holder and additional insureds,as if the policy had been issued to each of them, This way,if one insured sues another insured,the insurance policy will still provide coverage. Each of the Required Policies,other than the Worker Compensation Policy,must be endorsed to include a cross liability provision, Subsection 6.5.2 Subrogation. A waiver of subrogation ensures that,if an Insurer pays on a claim or loss, the insurer won't be able to then pursue another party for reimbursement of the amounts paid. An insurance policy may or may not provide for subrogation as to additional insureds,but an insured party typically can waive subrogation on behalf of its insurers. With respect to the Required Policies, each Party hereby waives, on behalf of itself and its insurers, any and all rights of subrogation against the other Party and its Agents. In addition, each of the Policies required by this Agreement must be endorsed to include a waiver of subrogation applicable to the other Party and its Agents. Section 6.6 Each Party's Insurance is Primary. To the extent permitted by law,the Required Policies for each Party shall be primary and non-contributing with respect to any insurance or self- Insurance programs covering the other Party and its Agents. Each of the General Liability Policy, the Vehicle Liability Policy,and the Abuse Policy must be endorsed to provide that it is so primary and non- contributory. Section 6.7 Deductibles and Self-insured Retentions. Waived. Section 6.8 Evidence of Coverage. Prior to,and as a condition precedent to, commencing the Services, each Party must provide to the other Party such duly-authorized and executed certificates of insurance or letters of self-insurance as reasonable evidence that Required Policies are in full force and effect (each a "Certificate of Insurance"), together with a copy of each and all endorsements required pursuant to this Agreement. The Certificates of Insurance shall identify those who are to be named as additional insureds in accordance with this Agreement. Each Party must,as applicable:(i)provide written notice to the other Party not less than thirty days prior to any cancellation, termination, reduction in coverage,or expiration without renewal of any such Insurance policy;and(II)provide updated Certificates of Insurance to the other Party promptly upon renewal of any of the Required Policies. District Agreement Number:24/25-072 Page 9 Requested Department:Multiple Sites