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<br />. <br /> <br />. <br /> <br />Operating Party is provided. <br /> <br />4.9. Well üperation and Maintenance Cost. The Operating Party will work <br />with the Operating Committee established with the MWD Agreement to develop the typical <br />operation and maintenance cost of the new Program Well. A subcommittee of Operating Party <br />members will be established to assist in this effort. <br /> <br />4.10. Well Energv Cost. The Operating Party will work with the Operating <br />Committee established with the MWD Agreement to develop the actual energy cost of the new <br />program well. <br /> <br />4.11. Additional Facilities. The Operating Party may request and fund the <br />construction of additional facilities that are deemed to be excessive or not directly related to this <br />program as determined by Program Agency and the Operating Party. <br /> <br />SECTION 5. INDEMNIFICATION. <br /> <br />5.1. Program Agencv Indemnification. The Program Agency shall indemnify, <br />defend and hold harmless the Member Agency and the Operating Party, and their respective <br />officers, agents and employees, from any and all costs, damages, penalties or other liabilities <br />resulting or alleged to result from the negligent or willful actions of the Program Agency in the <br />performance ofthe Program Agency's duties under this Contract. <br /> <br />5.2. Member Agencv Indemnification. The Member Agency shall indemnify, <br />defend and hold harmless the Program Agency and the Operating Party, and their respective <br />officers, agents and employees, from any and all costs, damages, penalties or other liabilities <br />resulting or alleged to result from the negligent or willful actions of the Member Agency in the <br />performance ofthe Member Agency's duties under this Contract. <br /> <br />5.3. üperating Partv Indemnification. The Operating Party shall indemnify, <br />defend and hold harmless the Program Agency and the Member Agency, and their respective <br />officers, agents and employees, from any and all costs, damages, penalties or other liabilities <br />resulting or alleged to result from the negligent or willful actions of the Operating Party in the <br />performance of the Operating Party's duties under this Contract. <br /> <br />5.4. The indemnification provisions set forth in this Section 5 shall survive the <br />termination of the MWD Agreement and continue in full force. <br /> <br />SECTION 6. INSURANCE. <br /> <br />6.1. Commercial General Liabilitv. Unless the Operating Party is a Self- <br />insured public entity, the Operating Party shall procure, pay for and keep in full force and effect <br />and at all times during the term of this Contract, commercial general liability insurance insuring <br />against liability for personal injury, bodily injury, death and damage to property (including the <br />Program Well) arising from the operation or maintenance of the Program Well, and Operating <br />Party's performance of the obligations delegated to it under the MWD Agreement. Said <br />insurance shall include coverage in an amount equal to at least Five Million Dollars <br />($5,000,000), shall contain "blanket contractual liability" and "broad form property damage" <br /> <br />131/022499-0028 <br />388856.01 a08/28/03 <br /> <br />-6- <br />